open tender document for procurement - bharat petroleum

47
कीय ापण संगठन-विपणन, भारत पेर ोवियम कॉपोरेशन विवमेड वशिड़ी फोट रोड, वशिड़ी पूिट , ंबई CENTRAL PROCUREMENT ORGANIZATION - MKTG, BHARAT PETROLEUM CORPORATION LIMITED, SEWREE FORT ROAD, SEWREE – EAST, MUMBAI OPEN TENDER DOCUMENT FOR PROCUREMENT OF DOUBLE BLOCK & BLEED VALVES (DBBV) ON ARC BASIS FOR ALL INDIA REQUIREMENT की अविाि हेत सीवमत वनविदा दािेज वनविदा . CRFQ NO.: 1000340797 E-tender no. 65625 dated 03/02/2020 वनयत वदनांक DUE ON: 24/02/2020 AT 1500 HRS IST Pre bid meeting on: 12.02.2020 @1100 HRS IST

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क दरीय परापण सगठन-विपणन भारत पटर ोवियम कॉपोरशन विवमटड

वशिड़ी फोटट रोड वशिड़ी ndash पिट म बई

CENTRAL PROCUREMENT ORGANIZATION - MKTG BHARAT PETROLEUM CORPORATION LIMITED SEWREE FORT ROAD

SEWREE ndash EAST MUMBAI

OPEN TENDER DOCUMENT FOR PROCUREMENT OF

DOUBLE BLOCK amp BLEED VALVES (DBBV) ON ARC

BASIS FOR ALL INDIA REQUIREMENT

की अविपरापति हत सीवमत वनविदा दसतािज

वनविदा कर CRFQ NO 1000340797

E-tender no 65625 dated 03022020

वनयत वदनाक DUE ON 24022020 AT 1500 HRS IST

Pre bid meeting on 12022020 1100 HRS IST

2 | P a g e

NOTICE INVITING TENDER Dear SirMadam

Subject Open tender for inviting bids for Supply of DOUBLE BLOCK amp BLEED VALVES (DBBV) ON ARC BASIS FOR ALL INDIA REQUIREMENT

CRFQ no 1000340797 (E tender no 65625) due on 24022020 at 1500 HRS IST

1 Objective

We are pleased to invite your most competitive offer for the captioned supply in complete accordance with the tender documents attached herewith The objective of this tender is to invite technical and commercial proposals from the qualified bidders as per the tender bid qualification criteria and contract will be awarded to the successful bidder(s)

Bharat Petroleum Corporation Limited is a MAHARATNA PSU engaged in manufacturing and Marketing of diverse range of Petroleum Products BPCL (Bharat Petroleum Corporation Ltd) is a major Indian Government owned (Public sector) Oil Company engaged in Petroleum sector It operates numerous POL Terminals and LPG plants spread all across the country for receipt storage handling amp dispatch of petroleum products

The tendered quantity details are given below-

SRNO MATERIAL CODE MATERIAL

QTY(NOS)

1 7785401815 VLV DBBV_200MM NB - ANSI 150(HOV) 10 2 7785402015 VLV DBBV_250MM NB - ANSI 150(HOV) 10 3 7785402405 VLV DBBV_450MM NB - ANSI 150(HOV) 10 4 7785401825 VLV DBBV_200MM NB - ANSI 150(MOV) 5 5 7785402025 VLV DBBV_250MM NB - ANSI 150(MOV) 5 6 7785402355 VLV DBBV_300MM NB - ANSI 150(MOV) 10 7 7785402375 VLV DBBV_350MM NB - ANSI 150(MOV) 5 8 7785402395 VLV DBBV_400MM NB - ANSI 150(MOV) 10 9 7785402415 VLV DBBV_450MM NB - ANSI 150(MOV) 5 10 7785402435 VLV DBBV_500MM NB - ANSI 150(MOV) 10 11 7785402445 VLV DBBV_600MM NB - ANSI 150(MOV) 30

2 Award of contract would be on ldquoLine item wise lowest landed cost basisrdquo

3 Earnest Money Deposit (EMD) EMD by way of DD or Bank Guarantee for INR 25 Lakhs shall

be submitted by Indian bidders (including bidders registered with BPCL) Exemption of EMD would be only for manufacturer of the tendered items in line with Indian Govt policy for MSENSIC vendors Traders are not exempted for EMD

4 Purchase preference to Indian MSEs (Micro amp Small Enterprises) and Local Content shall be

applicable as per the Govt Of India Policies

5 For the purpose of clarifications bidders shall send their queries at within 7 days from the date of floating of tender or before pre-bid meeting on 12022020 1100 Hrs No further bidder queries shall be replied

Your queries should be submitted in excel format as per below template

3 | P a g e

S No Tender clause No BPCL Specifications amp Requirement

Your deviations comments justifications

6 Bank Details for SFMS Bank Guarantee (EMDPBG)

As per the approved process Bank has to confirm whether the BG is issued by them based on BPCLs request This is to ensure the authenticity of BG received at our end However Banks may delay the response which results in delayed vendor payments against BG In order to overcome this difficulty BPCL has tied up with SBI for obtaining Bank Confirmation of BG issuance through Structured Financial Messaging System (SFMS) platform

Following are the features of Bank Confirmation of BG in SFMS Platform 1) Bidder shall provide BPCLrsquos Bank Account No amp IFSC Code ( Details given below) to their

Bank at the time of application for Bank Guarantee in favour of BPCL 2) Issuing Bank shall issue the Bank Guarantee amp send SFMS message to BPCL Bank

confirming the Bank Guarantee as genuine 3) BPCLrsquos Bank (SBI) shall in turn send the said SFMS message to BPCLrsquos dedicated email ID

basis which BPEC shall consider the said Bank Guarantee as verified by Bank 4) Once the above process is completed BPEC Team shall proceed with the release of

payment to vendors which is due against the said Bank Guarantee

Hence all the bidders are requested to submit SFMS Bank Guarantee BPCLs Bank Details for issuance of SFMS Bank Guarantee are as follows

Name of Bank State Bank of India Branch CAG Branch Mumbai Account No 11083980831 IFSC Code SBIN0009995

7 This tender document consists of the following annexures which are enclosed

Sr No

Description Page no

Bidding Form provided in the E-Tender

Part 1 Techno-Commercial Bid

1 Notice Inviting Tender (NIT)

2 For information and acceptance only

2 General Instructions to bidders for e-tendering

13 For information and acceptance only

3 General Purchase Conditions (GPC)

15 For information and acceptance only

4 Formats for Bank Guarantee for PBG

35 For information and acceptance only

5 Special Purchase Conditions (SPC)

37 Mandatory Bidding form is provided in the E-tender for bidding Please ensure that you mention all the detailsacceptance pointwise including the delivery period Any deviation to the commercial terms should be mentioned in the bidding form provided for Deviations only

4 | P a g e

6 Bid Qualification Criteria 41 Mandatory Bidding form is provided in the E-tender for comments and uploading necessary documents as per criteria duly verified in the given tender format

7 Format for Undertaking for Holiday Listing and Liquidation status

43 Mandatory Bidding form is provided in the E-tender for uploading a duly signed copy in the given tender format on bidders letterhead

8 Format for TPIA certificate

44 Tender format for TPIA certificate to be submitted for BQC Criteria

11 Format for supply quantity

57 Tender format Supply Capability certificate to be submitted for BQC Criteria

12 PPLC policy document E-tender

Annexure and Bidding form for PPLC document to be submitted for claiming the Purchase preference as per tender terms

13 Vendor Master Details E-tender

Mandatory Bidding form is provided in the E-tender for bidding Please ensure that you mention all the detailsdocumentacceptance pointwise In case you are already have a BPCL vendor code please mention the same on your letter head and upload

14 Relationship with BPCL Directors

E-tender

Mandatory Bidding form is provided in the E-tender for bidding Please ensure that you mention all the detailsdocumentacceptance pointwise

15 Technical SpecificationsData Sheets of the tendered items

E-tender

Mandatory Bidding form is provided in the E-tender for bidding PDF document uploaded separately for reference Please ensure that you mention all the detailsacceptance pointwise Any deviation to the technical specifications should be mentioned in the bidding form provided for Deviations only

16 Form for Deviations (if any)

E-tender

Mandatory Bidding form is provided in the E-tender for bidding Please ensure that all your deviations are mentioned here only Any deviation mentioned elsewhere shall not be considered in the evaluation

Part 2 Price bid Price bid shall have to be submitted online in the respective price bid forms provided in the tender

16 Price bid form (Bidding form is provided in the E-tender)

E-tender

Mandatory Bidding form is provided in the E-tender for bidding Please ensure that all your prices are mentioned here only Any pricescosts mentioned elsewhere shall not be considered in the evaluation PDF document enclosed separately for reference

NOTE 1 In case of a dispute between the General Purchase Conditions and Special Purchase Conditions the Special Purchase Conditions shall prevail

2 A Mandatory Bidding form for acceptance of entire tender document is provided in the E-tender Kindly ensure that you accept the same

5 | P a g e

8 All the documents associated with Techno-Commercial bid (consisting of all the afore-mentioned Annexures and documents uploaded) and price bid shall form the part of the tender The entire bid shall be submitted online only General Instructions to bidders for e-tendering are as given in this tender Offers should strictly be in accordance with the tender terms amp conditions and our specifications Bidders are requested to carefully study all the documentsannexure and understand the conditions and specifications before quoting the rates and submitting this tender In case of any doubt the written clarifications should be obtained through email only before the Pre-Bid meeting on 12022020 1100 HRS IST but this shall not be a justification for request for extension of due date for submission of bids

9 Bidders shall also have to essentially sign and upload an Undertaking for Holiday listing and Liquidation status in the tender format for participating in this tender

10 Your online bid should be submitted on or before the due date of this tender viz 24022020 1500 HRS IST

11 Materials are required to be supplied as specified in the tender document specifications Bill

of quantities The details of specifications of materials required to be procured is enclosed along with this tender document Vendor is requested to submit their bids taking full notice of all the technical specifications terms and conditions forms amp attachments to this tender Bids must be through e-tendering system only and must be filled up by the authorized and competent authority of your firm

12 This is an e-tender Please visit the website httpsbpcleprocin for participating in this tender and submitting your Techno-commercial and Price bids online The bid documents are to be submitted online thru e-proc portal only All the bids shall be opened online CorrigendumAddendums if any will be provided against e-tender on bpcl e-proc site only

13 The e-tender is floated in Two Part Bid through E-Tender system consisting of Bid Qualification Criteria (BQC) Technical plus Commercial and Price Bids all floated together Each page of bid documents meant for uploading by the bidder is to be duly signed amp stamped before uploading the same Information pertaining to Particulars of Tenderers and Relationship with Directors and unpriced bids shall have to be filled online

14 Price bid is enclosed with this e-tender document Price bid shall have to be submitted online in the appropriate forms provided

15 Bidder should qualify in BQC Technical amp Commercial bids in order that their price bid can be

opened Bid Qualification Criteria Technical amp Commercial evaluation will be carried out before price bid opening Only Price bids of those bidders who qualify in the BQC Technical amp Commercial bids will be opened

16 The Vendors shall be in a position to produce further information as and when required by BPCL BPCL at its discretion reserves the right to verify information submitted and inspect the manufacturer facilities to confirm their capabilities The vendors should have required clearance from all statutory authorities as applicable

17 The placement of orders amp further activities pertaining to orders fulfilment will be undertaken by the user department

6 | P a g e

18 The bids submitted should be valid for Six months from the due date of tender for our acceptance A bid valid for a shorter period shall be considered as non-responsive and rejected by the Owner Notwithstanding above the Owner may solicit the Bidder consent to an extension of the period of bid validity The request and the responses thereto shall be made in writing

19 Once the offer is accepted it will remain firm till completion of contractsorders

20 Bids should be submitted positively by the due time amp date as mentioned in this tender The e-portal system time in Indian Standard time will be the time to be considered

21 We request the bidder to carefully go through all tender documents before submitting the offer Please note that any exceptions or deviations to the tender document is necessarily to be recorded in the deviation statement attached only Any exceptionsdeviations brought out elsewhere in the bid shall not be considered

22 The bidders may be invited for a presentation to BPCL during techno-commercial evaluation before price bid opening

23 The bidders to provide their bank details PAN tax Registration numbers as applicable for updating vendor master file You are also requested to keep us informed of any change in address status of your business contact details including email address etc

24 GOVERNING LAWS The laws of Union of India shall govern all matters concerning the tender Any issue arising related to the tender or the selection process shall be adjudged by the courts in Mumbai India

25 BPCL alone reserves the right to accept or reject any or all tenders received at its absolute discretion without assigning any reason whatsoever

26 A Pre-bid meeting is scheduled at the office of BPCL Sewree Mumbai All prospective bidders can participate in the same

27 The purpose of the pre-bid meeting is to clarify any doubts of the BIDDER on the interpretation of the provisions of tender

28 Bidder(s) are requested to submit their queries mentioning form name clause no amp clause

by a letter e-mail to our office as per schedule in order to have fruitful discussions during the meeting

29 All the Bidder(s) are requested to attend the pre-bid meeting to be held at BPCL Office as per schedule

30 Earnest Money Deposit (EMD) ( also referred to as Bid SecurityEMD) You shall be required to submit the Earnest Money Deposit (EMD) as mentioned in tender if applicable in physical form by the way of demand draft or bank guarantee drawn on any Nationalised or scheduled bank in favour of Ms Bharat Petroleum Corporation Ltd and payable at Mumbai at our office in a sealed cover addressed to Procurement Leader Gr 3 with following boldly super-scribed on the outer cover CRFQ number

7 | P a g e

Item Closing dateTime Name of the tenderer It should be sent by Registered PostCourier to the following address so as to reach before the due date amp time of the tender BPCL will not be responsible for non-receipt of instrument(s) due to postal delayloss in transit etc for any reason what-so-ever Bid received without the EMD if applicable is liable to be rejected A photocopy of the instrument of EMD to be duly signed amp stamped and uploaded against relevant heading in tender Office Address CPO-MKTG Bharat Petroleum Corp Ltd lsquoArsquo Installation Sewree Fort Road Sewree-East Mumbai-400015 The Bid SecurityEMD is required to protect the Owner against the risk of Bidderrsquos conduct which would warrant the security forfeiture The bids without requisite EMD will not be considered and bids of such bidder Bidder(s) shall be rejected The bidders not submitting EMD by due time amp date shall be rejected amp their bids shall not be evaluated further Firms registered with National Small Scale Industries Corporation (NSIC) Ministry of MSME of India for the item in tender are exempted from submission of Bid SecurityEMD All bidders quoting as MSE should submit a CA certificate issued by a CA on his letter head along with MSE doc (UAMEMIINSIC) to avail the benefits of Public Procurement Policy as per MSMED Act 2006Public Procurement Policy Order 2012 In case CA certificate is not submitted bid of the vendor shall be rejected at EMD stage Please note the below further points with respect to same 1) Bidder shall have to upload scanned copy of CA certificate with stamp of TPIA mentioning as verified from original Thereupon L1 bidders shall submit the hard copy of CA certificate certified by TPIA to BPCL within 7 days of opening of price bid 2) The CA certificate should be dated after the date of floating of tender and shall be specific to the tender for which bid is being submitted 3) Format of the CA certificate is attached for reference and bidder needs to submit certificate strictly in this format else bid shall be rejected Bidders are advised to instruct their banks not to post EMD directly to Owner as the same has to be submitted to us before e-bid submission due time amp date The Bid SecurityEMD may be forfeited i) If a Bidder withdrawsalters his bid during the period of bid validity or ii) In the case of a successful Bidder if the Bidder fails or refuses to accept the contractPurchase Order in accordance with agreed terms and conditions or iii) If a Bidder changes the proposed manufacturer after submission of Bid Unsuccessful Bidders Bid SecurityEMD without any interest will be discharged returned as promptly as possible as but not later than 60 days after the expiry of the period of bid validity prescribed by the Owner The successful Bidderrsquos Bid SecurityEMD if any without any interest will be discharged upon the Bidder accepting the contract

8 | P a g e

EMD by way of DD or Bank Guarantee shall be submitted by all bidders (including Bidders registered with BPCL) Exemption for this would be in line with govt policy for MSENSIC Vendors

31 The bidder shall bear all costs associated with the preparation and submission of the bid and

BPCL will in no case be responsible or liable for these costs regardless of the conduct or outcome of the bidding process

32 BPCL is not responsible for any delays from bidder end

33 BPCL reserves the right to make any changes in terms and conditions of tender before due date of bid submission and to reject any or all bids received incomplete BPCL reserves the right to change the quantity tendered

34 BPCL reserves their right to negotiate the quoted prices with lowest bidder

35 Vendors would be qualified based on data and documents provided by them and based on information available with BPCL with regard to their credentials Owner decision on any matter regarding short listing of vendors shall be final and any bidder shall not enter into any correspondence with owner unless asked for

36 The vendors who are on holiday list by BPCL MOPNG Oil Public Sector Undertaking (PSU) will not be considered

37 Tenderers shall also have to essentially sign an Integrity Pact (IP) for participating in this tender The salient points to be noted in regard to IP are Proforma of Integrity Pact shall be uploaded by the Tenderer along with the bid documents duly signed by the same signatory who is authorized to sign the bid documents All the pages of the Integrity Pact shall be duly signed Tendererrsquos failure to upload the IP duly signed along with the bid document shall result in the bid not being considered for further evaluation If the tenderer has been disqualified from the tender process prior to the award of the contract in accordance with the provisions of the Integrity Pact BPCL shall be entitled to demand and recover from Tenderer Price reduction amount by forfeiting the EMDPerformance Guarantee as per provisions of the Integrity Pact If the contract has been terminated according to the provisions of the Integrity Pact or if BPCL is entitled to terminate the contract according to the provisions of the Integrity pact BPCL shall be entitled to demand and recover from contractor Price reduction amount by forfeiting the Performance Guarantee amount as per provisions of the Integrity Pact Tenderers may raise disputescomplaints if any with the nominated Independent External Monitor

38 All the tender documents and Annexures Techno-commercial details and Price Bids shall be required to be digitally signed with a class IIB or above digital signature by the authorized signatory The authorized signatory shall be

I Proprietor in case of proprietary concern II Authorized partner in case of partnership firm

III Director in case of a limited Company duly authorized by its board of directors to sign

9 | P a g e

IV If for any reason the proprietor or the authorized partner or director as the case may be are unable to digitally sign the document the said document should be digitally signed by the constituted attorney having full authority to sign the tender document

39 Online submission of the tender shall be considered as token of having read understood and

totally accepted all the terms and conditions

40 The bidder is expected to examine all instructions forms attachments terms and specifications in the tender document The entire tender document together with all its attachments thereto shall be considered to be read understood and accepted by the bidder unless deviations are specifically stated seriatim by the bidder Failure to furnish all information required in the tender document or submission of a bid not substantially responsive to the tender documents in every respect will be at bidders risk and may result in the rejection of his bid

41 Bidders in their own interest shall ensure that they submit their e-bid complete in all respects well within the specified bid due date and time No relaxation shall be given for delay due to any unforeseen event in submission of bid

42 At any time prior to the bid due date we may for any reason whether at its own initiative or in response to a clarification requested by a prospective Bidder modify the Bid Document The amendment will be notified through e tender portal to all prospective Bidders and will be binding on them In order to afford prospective Bidder reasonable time to take the amendment into account in preparing their bids we may at our discretion extend the bid due date

43 The bid prepared by the Bidder and all correspondence drawings and documents relating to the bid exchanged by Bidder and the Owner shall be written in ENGLISH language provided that any printed literature furnished by the Bidder may be written in another language so long as accompanied by an ENGLISH translation in which case for the purpose of interpretation of the bid the ENGLISH translation shall govern

44 Declaration with the bid qualification criteria that bidder has not been banned or delisted by any Government or quasi Government agencies or Public Sector Undertaking (PSU) as per declaration format (provided as attachment under declaration format) of the tender document should be downloaded amp then suitably filled signed stamped amp uploaded against relevant heading

45 Bidders are advised to submit bids based strictly on the terms amp conditions and specifications contained in the tender document and not to stipulate any deviations Each Bidder shall submit only one bid A Bidder who submits more than one bid will be rejected

46 The Owner may at its discretion extend the bid due date in which case all rights and obligations of the Owner and the Bidders previously subject to the bid due date shall thereafter be subject to the new bid due date as extended

47 TelexTelefax E-mailpostal offers will not be considered and shall be rejected

48 No bid shall be modified subsequent to the due date amp time or extension if any for submission of bids Bidder(s) to note that Price changes after submission of bid shall not be allowed In case any bidder gives revised pricesprice implication his bid shall be rejected No bid shall be

10 | P a g e

allowed to be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder Withdrawal of a bid during this interval shall result in the forfeiture of Bidders EMD No suo motu reduction in prices quoted by bidder shall be permitted after opening of the bid If any bidder unilaterally reduces the prices quoted by him in his bid after opening of bids the bid (s) of such bidder(s) will be liable to be rejected Such reduction shall not be considered for evaluation of prices but shall be binding on the bidder in case he happens to be a successful bidder for award of work

49 Bids that do not meet the Bid qualification criteria as specified in the bid document shall be rejected A bid with incomplete scope of work andor which does not meet the technical requirements as specified in the bid document shall be considered as non-responsive and rejected Conditional bids will be liable for rejection

50 The Owner will examine the bids to determine whether they are complete whether any computational errors have been made whether the documents have been properly signed and whether the bids are generally in order

51 The experience details and financial amp technical capabilities of the Bidder(s) shall be examined to determine whether the Bidder(s) offer meets the Bid Qualification criteria mentioned To assist in the examination evaluation and comparison of Un-priced bids the Owner may at its discretion ask the Bidder clarifications on the bid The request for such clarifications and the response thereto shall be in writing Prior to the evaluation and comparison of the bid the Owner will determine the substantial responsiveness of each bid to the bidding documents

52 Prior to the expiration of period of bid validity the Owner will notify the successful Bidder in writing or by email that his bid has been accepted The Notification of Award will constitute the formation of the Contract Delivery Period shall be counted from the date of notification of award (LetterFaxe-mail of Intent)

53 Any efforts by a Bidder to influence the Owner in the Owner bid evaluation bid comparison or contract award decisions may result in the rejection of their bid

54 VERIFICATION BY OWNER All statements submitted by Bidder regarding experience manpower availability equipment and machinery availability etc are subject to verification by the Owner either before placement of order or after placement of order If any data submitted by the Bidder at the bid stage is found to be incorrect the offer is liable to be rejected or the Contractorder is liable to be terminated

55 The relevant WCTTDS if amp as applicable will be deducted from the charges quoted by the successful bidder

56 It is for the Bidder to assess and ascertain the Tax rate applicable on quoted items It is clearly understood that Owner will not have any additional liability towards payment of taxdutycess which is based on Bidders wrong assessment interpretation of applicability of such taxdutycess For Services such as installation commissioning activities bidderrsquos quoted prices shall be inclusive of taxes applicable till complete execution of the ordercontract and Owner shall not have any liabilities whatsoever on this account Variation for any reason including Statutory levies will be vendorrsquos account Bidder shall quote rate of Tax on the quoted charges Bidder shall ensure that invoice(s) shows the tax component separately and is issued in accordance with the applicable Tax Rules Octroi Entry tax if applicable in India shall be directly paid by the vendor which shall be reimbursed by Owner at actuals on

11 | P a g e

submission of documentary proof BPCL shall not be liable in case the tax authorities assess the tax elements in a different way on account of any reason whatsoever Taxes and duties other than those specified in this document if any shall be included in the quoted prices and no reimbursement shall be made by BPCL Ownerrsquos liability with respect to taxes and duties will be restricted to the Tax as quoted by the bidder Any new or additional taxes or duties levied by statutory authorities during contract shall be borne by the bidder

57 ISSUE OF CONTRACT PURCHASE ORDER After the successful Bidder has been notified that his bid has been accepted the Owner will send to such Bidder a detailed contractPurchase Orders incorporating all the terms and conditions agreed between the parties Within 7 days of receipt of the detailed contract Purchase Order the Bidder shall sign and return to the Owner the duplicate copy of the contractorder as a token of their Acknowledgement The contract will be issued by CPO (M) dept amp call-off orderspurchase orders by EampP dept of BPCL

58 Grievance Redressal Mechanism Bharat Petroleum Corporation Limited (BPCL) has developed the Grievance Redressal Mechanism to deal with references grievances if any that is received from bidders who participated intends to participate in the Corporation tender The details of the same are available on our website wwwbharatpetroleumin

59 It shall be understood that every endeavour has been made to avoid errors which can materially affect the basis of the tender and the successful vendor shall take upon himself and provide for risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof

60 In case a Start-up is interested in supplying a tendered item but does not meet the Pre-

Qualification Criteria(PQC)Proven Track Record (PTR) of prior Turnover norm as indicated in the tender document the Start-up may be requested to write a detailed proposal separately and not against the present tender requirement to the tender issuing authority about its product Such proposal should be accompanied by relevant documents in support of Start-ups as under

I Certificate of Recognition issued by Department of Industrial Policy and Promotion (DIPP) Ministry of Commerce and Industry GOI

II Certificate of Incorporation Registration III Audited PampL Statement of all the financial years since incorporation IV In case where balance sheet has not been prepared bidder shall submit a certificate

in Original from its CEOCFO stating the turnover of the bidding entity separately for each Financial Year Since incorporation along with declaration stating the reason for not furnishing the audited PampL statement The Certificate shall be endorsed by Chartered Accountant Statutory Auditor

61 By submitting the bid the bidder undertakes as under

Iwe hereby undertake that the statements made hereininformation given in the bids through e-tendering systemannexuresformsuploaded documents referred are true in all respects and that in the event of any such statement or information being found to be incorrect in any particular the same may be construed to be a misrepresentation entitling BPCL to avoid any resultant contract Iwe further undertake as and when called upon by BPCL to produce for its inspection original(s) of the document(s) of which copies have been annexed hereto

12 | P a g e

62 For any clarification on e-tendering training uploading of document on e-procurement site please contact our service provider Ms E-procurement Technology Ltd on below numbers Phone 02224176419 E-mailsupportbpcleprocinmumbaisupporteptlin HELP DESK NOS 91-79-40016848 40016818

63 For any queries clarifications on tender technical specifications commercial points and

other terms and conditions of the tender please contact as under- Mr Seema Khadase Asst Manager Procurement CPO (MKTG) CONTACT NO 91-22-24176405 8879222134 (M) EMAIL seemakhadasebharatpetroleumin

64 In case you are not satisfied with the clarification of doubts you may escalate the query

To MrAjoy Sarkar Procurement Leader CPO (MKTG) CONTACT NO 91-22-24176412 9819971906 (M) EMAIL sarkarabharatpetroleumin

65 Office Address CPO-MKTG Bharat Petroleum Corp Ltd lsquoArsquo Installation Sewree Fort Road

Sewree-East Mumbai-400015 66 Contact details of Independent External Monitors (IEM) for Complaints and Disputes

regarding the tender only

Shri Vikram Srivastava Shri Virendra Bahadur Singh Shri Anupam Kulshreshtha

ADDRESS ADDRESS ADDRESS

E-202 Second Floor Greater Kailash Part 2 New Delhi - 110048

HNo B-564 Vineet Khand Gomati Nagar Lucknow - 226010

B-33 lsquoYarrows Apartmentsrsquo

Plot C-585 Sector 62

Noida UP -201309

vikramsrivastava1973gmailcom vbsinghipsgmailcom Anupam8gmailcom

Mob No 09810642323 Mob No 8853760730 Mob No 9968281160

Thanking you Yours faithfully for Bharat Petroleum Corporation Ltd Ajoy Sarkar Procurement Leader

13 | P a g e

General Instructions to bidders for e-tendering

1 Interested parties may download the tender from BPCL website (httpwwwBharatpetroleumin) or the CPP portal (httpeprocuregovin) or from the e-tendering website (httpsbpcleprocin) and participate in the tender as per the instructions given therein on or before the due date of the tender The tender available on the BPCL website and the CPP portal can be downloaded for reading purpose only For participation in the tender please fill up the tender online on the e-tender system available on httpsbpcleprocin 2 For registration on the e-tender site httpsbpcleprocin you can be guided by the ldquoInstructions to Vendorsrdquo available under the download section of the homepage of the website As the first step bidder shall have to click the ldquoRegisterrdquo link and fill in the requisite information in the ldquoBidder Registration Formrdquo Kindly remember your e-mail id (which will also act as the login ID) and the password entered therein Once you complete this process correctly you shall get a system generated mail Login in to the portal using your credentials When you log in for the first time system will ask you to add your Digital Signature Once you have added the Digital Signature please inform us by mail to the vendor administrator vendoradminbpcleprocin with a copy to supportbpcleprocin for approval Once approved bidders can login in to the system as and when required 3 As a pre-requisite for participation in the tender vendors are required to obtain a valid Digital Certificate of Class IIB and above (having both signing and encryption certificates) as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCIA) Controller of Certifying Authorities (CCA) The cost of obtaining the digital certificate shall be borne by the vendor In case any vendor so desires he may contact our e-procurement service provider Ms E-Procurement Technologies Ltd Ahmedabad (Contact no Tel +91 79 4001 6868 for obtaining the digital signature certificate 4 Corrigendumamendment if any shall be notified on the site httpsbpcleprocin In case any corrigendumamendment is issued after the submission of the bid then such vendors who have submitted their bids shall be intimated about the corrigendumamendment by a system-generated email It shall be assumed that the information contained therein has been taken into account by the vendor They have the choice of making changes in their bid before the due date and time 5 Price bid of only those vendors shall be opened whose Techno-Commercial bid is found to be acceptable to us The schedule for opening the price bid shall be advised separately 6 Directions for submitting online offers electronically against e-procurement tenders directly through internet (i) Vendors are advised to log on to the website (httpsbpcleprocin) and arrange to register themselves at the earliest if not done earlier (ii) The system time (IST) that will be displayed on e-Procurement web page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance (iii) Vendors are advised in their own interest to ensure that their bids are submitted in e-Procurement system well before the closing date and time of bid If the vendor intends to changerevise the bid already submitted they shall have to withdraw their bid already submitted change revise the bid and submit once again In case vendor is not able to complete

14 | P a g e

the submission of the changedrevised bid within due date amp time the system would consider it as no bid has been received from the vendor against the tender and consequently the vendor will be out of contention The process of change revise may do so any number of times till the due date and time of submission deadline However no bid can be modified after the deadline for submission of bids (iv) Once the entire process of submission of online bid is complete they will get an auto mail from the system stating you have successfully submitted your bid in the following tender with tender details (v) Bids Offers shall not be permitted in e-procurement system after the due date time of tender Hence no bid can be submitted after the due date and time of submission has elapsed (vi) No manual bidsoffers along with electronic bidsoffers shall be permitted 7 For tenders whose estimated procurement value is more than Rs 10 lakhs vendors can see the rates quoted by all the participating bidders once the price bids are opened For this purpose vendors shall have to log in to the portal under their user ID and password click on the ldquodash boardrdquo link against that tender and choose the ldquoResultsrdquo tab 8 No responsibility will be taken by BPCL andor the e-procurement service provider for any delay due to connectivity and availability of website They shall not have any liability to vendors for any interruption or delay in access to the site irrespective of the cause It is advisable that vendors who are not well conversant with e-tendering procedures start filling up the tenders much before the due date time so that there is sufficient time available with himher to acquaint with all the steps and seek help if they so require Even for those who are conversant with this type of e-tendering it is suggested to complete all the activities ahead of time It should be noted that the individual bid becomes viewable only after the opening of the bid onafter the due date and time Please be reassured that your bid will be viewable only to you and nobody else till the due date time of the tender opening The non-availability of viewing before due date and time is true for e-tendering service provider as well as BPCL officials 9 BPCL andor the e-procurement service provider shall not be responsible for any direct or indirect loss or damages and or consequential damages arising out of the bidding process including but not limited to systems problems inability to use the system loss of electronic information etc In case of any clarification pertaining to e-procurement process and system related issues the vendor may contact Ms E-Procurement Technologies Ltd at contact no Tel +91 79 40270573 followed with an e-mail to id supportbpcleprocin

15 | P a g e

General Purchase Conditions The following conditions shall be applicable for all procurement unless specifically mentioned in the Special Purchase Conditions I N D E X 1 DEFINITIONS 2 REFERENCE FOR DOCUMENTATION 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER 4 LANGUAGE OF BID 5 PRICE 6 TAXES AND DUTIES 7 INSPECTION 8 SHIPPING 9 INDIAN AGENT COMMISSION 10 ORDER AWARD EVALUATION CRITERIA 11 CONFIRMATION OF ORDER 12 PAYMENT TERMS 13 GUARANTEEWARRANTY 14 PERFORMANCE BANK GUARANTEE 15 PACKING amp MARKING 16 DELIVERY 17 UNLOADING AND STACKING 18 TRANSIT INSURANCE 19 VALIDITY OF OFFER 20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 21 RISK PURCHASE CLAUSE 22 FORCE MAJEURE CLAUSE 23 ARBITRATION CLAUSE 24 INTEGRITY PACT (IP) 25 RECOVERY OF SUMS DUE 26 CONFIDENTIALITY OF TECHNICAL INFORMATION 27 PATENTS amp ROYALTIES 28 LIABILITY CLAUSE 29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT 30 COMPLIANCE OF REGULATIONS 31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT 32 NON-WAIVER 33 NEW amp UNUSED MATERIAL 34 PURCHASE PREFERENCE CLAUSE 35 CANCELLATION 36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION 37 ASSIGNMENT 38 GOVERNING LAW 39 AMENDMENT 40 NOTICES 41 POLICY ON HOLIDAY LISTING 42 ORDER OF PRECEDENCE FOR PURCHASES 43 TERMINATION FOR CONVENIENCE

16 | P a g e

GENERAL PURCHASE CONDITIONS 1 DEFINITIONS

The following expressions used in these terms and conditions and in the purchase order shall have the meaning indicated against each of these

11 OWNER Owner means Bharat Petroleum Corporation Limited (a Government of India

enterprise) a Company incorporated in India having its registered office at Bharat Bhavan 4 amp 6 Currimbhoy Road Ballard Estate Mumbai 400038 and shall include its successors and assigns (hereafter called BPCL as a short form)

12 VENDOR Vendor means the person firm or the Company Corporation to whom this

Request for quotation (RFQ)purchase order is issued and shall include its successors and assigns

13 INSPECTOR Person agency deputed by BPCL for carrying out inspection checkingtesting

of items ordered and for certifying the items conforming to the purchase order specifications

14 GOODS MATERIALS means any of the articles materials machinery equipments

supplies drawing data and other property and all services including but not limited to design delivery installation inspection testing and commissioning specified or required to complete the order

15 SITE LOCATION means any Site where BHARAT PETROLEUM CORPORATION LIMITED

desires to receive materials any where in India as mentioned in RFQ 16 ldquoRATE CONTRACTrdquo means the agreement for supply of goods materials between Owner

and Vendor for a fixed period of time (ie till validity of Rate Contract with no commitment of contractual quantity) on mutually agreed terms and conditions The actual supply of goods materials shall take place only on issue of separate purchase orders for required quantity as and when required by Owner

17 ldquoFIRM PROCUREMENTrdquo means the agreement between the parties for mutually agreed

terms and conditions with commitment of Quantity Ordered 2 REFERENCE FOR DOCUMENTATION 21 The number and date of Collective Request for Quotation (CRFQ) must appear on all

correspondence before finalization of Rate Contract Purchase Order 22 After finalization of Contract Purchase Order The number and date of Rate Contract

Purchase Order must appear on all correspondence drawings invoices dispatch advices (including shipping documents if applicable) packing list and on any documents or papers connected with this order

23 In the case of imports the relevant particulars of the import Licence shall be duly indicated in

the invoice and shipping documents as well as on the packages or consignments 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER

17 | P a g e

The right to accept the tender will rest with the Owner 4 LANGUAGE

The Bid and all supporting documentation and all correspondence whatsoever exchanged by Vendor and Owner shall be in English language only

5 PRICE

Unless otherwise agreed to the terms of the RFQ price shall be Firm and no escalation will be entertained on any ground except on the ground of statutory levies applicable on the tendered items

6 TAXES AND DUTIES All vendors shall have VAT CSTGSTService tax registration in the concerned State and vendor shall quote their TIN number in the quotation

61 EXCISE DUTY 611 Excise duty extra as applicable at the time of delivery within scheduled delivery period will

be payable by BPCL against documentary evidence Vendor shall mention in their offer the percentage of excise duty applicable at present Any upward variation in excise duty rates beyond the contractual delivery period shall be to vendorrsquos account

612 In case Excise Duty is not applicable at present Excise duty due to change in turn over is

not payable If applicable in future the same will be borne by vendor 613 Owner shall take CENVAT Credit on the material supplied for both excise duty and cess

component and accordingly Excise duty Cess should be quoted separately wherever applicable

Vendor shall ask the transporter of the goods to hand over the copy of excise invoice (transporterrsquos copy) at the time of delivery of goods at ownerrsquos site

62 SALES TAX VATGST 621 Sales Tax as applicable at the time of delivery within scheduled delivery period will be

payable by BPCL Vendor shall give details of local sales tax and or central sales tax currently applicable in their offer The rates applicable for ldquoCST without form Crdquo ldquoCST with form C and ldquoVATrdquo shall be clearly indicated

622 Input VAT Credit may be claimed by BPCL wherever applicable Vendor shall submit the

TAX invoice 63 SERVICE TAX All vendors shall have service tax registration wherever applicable BPCL

may also claim CENVAT Credit on service tax The vendor should quote service tax separately if applicable Vendor shall submit the TAX invoice Vendor is required to furnish serially numbered and signed invoice bill challan containing the following details

Name address and registration number of the service provider Name and address of person receiving taxable service Description classification and value of taxable service provided Service Tax Payable

18 | P a g e

64 FREIGHT AND OCTROI 641 Freight Firm freight charges to be quoted as indicated in the Tender documents Freight

shall be payable after receipt of the Material(s) at the site unless otherwise specified 642 Octroi and entry taxes if any shall be invoiced separately and shall be re-imbursed by BPCL

at actuals after receipt of the Material(s) at the Site against the submission of original documentary evidence for proof of payment of the related octroi and entry taxes as the case may be

65 NEW STATUTORY LEVIES All new statutory levies leviable on sale of finished goods to

owner if applicable are payable extra by BPCL against documentary proof within the contractual delivery period

66 VARIATION IN TAXES DUTIES Any increasedecrease in all the above mentioned

statutory levies on the date of delivery during the scheduled delivery period on finished materials will be on BPCLs account Any upward variation in statutory levies after contractual delivery date shall be to vendorrsquos account

67 INCOME TAX (WITHHOLDING TAX) In the case of availment of services from Non Resident

Vendors who are claiming benefits offered under the Double Taxation Avoidance Agreements signed by India with the Government of the other country (ie the country of the Vendor) such Non Resident Vendors are required to provide the Tax Residency Certificates at the time of submission of Bid documents The Tax Residency Certificates shall contain the following details

a) Name of Vendor (assessee) b) Status (Individual Company firm etc) of assessee c) Nationality (in case of individual) d) Country or specified territory of incorporation or registration (in case of others) e) Assessee lsquos tax identification number in the country or specified territory of residence

or in case no such number then a unique number on the basis of which the person is identified by the Government of the country or the specified territory

f) Residential status for the purpose of tax g) Period for which the certificate is applicable and h) Address of the applicant for the period for which the certificate is applicable

The Tax Residency Certificate shall be duly verified by the Government of the Country or the specified territory of the assessee of which the assessee claims to be a resident for the purposes of tax

7 INSPECTION 71 Materials shall be inspected by BPCL approved third party inspection agency if applicable

before dispatch of materials However arranging and providing inspection facilities is entirely vendorrsquos responsibility and in no way shall affect the delivery schedule

72 Scope of Inspection shall be as per RFQ Materials shall be inspected as per scope of

inspection by TPIAs which are registered under ldquoNABCB accredited bodies as per

19 | P a g e

requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of Goods The link is a below

httpnabcbqciorginaccreditationreg_bod_inspection_bodiesphp 73 Unless otherwise specified the inspection shall be carried out as per the relevant

standards scope of inspection provided alongwith the Tender EnquiryPurchase Order 74 BPCL may at its own expense have its representative(s) witness any test or inspection In

order to enable BPCLrsquos representative(s) to witness the tests inspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections

75 Even if the inspection and tests are fully carried out the Vendor shall not be absolved from

its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendorrsquos responsibility shall also not be anywise reduced or discharged because BPCL or BPCLrsquos representative(s) or Inspector(s) shall have examined commented on the Vendorrsquos drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s)

76 Although material approved by the Inspector(s) if on testing and inspection after receipt

of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

8 SHIPPING 81 SEA SHIPMENT All shipment of materials shall be made by first class direct vessels

through the chartering wing Ministry of Surface Transport as per procedure detailed hereunder The Foreign Supplier shall arrange with Vessels Owners or Forwarding Agents for proper storage of the entire Cargo intended for the project in a specific manner so as to faciliate and to avoid any over carriage at the port of discharge All shipment shall be under deck unless carriage on deck is unavoidable

The bills of lading should be made out in favour of `Bharat Petroleum Corporation Limited

or order

All columns in the body of the Bill of Lading namely marks and nos material description weight particulars etc should be uniform and accurate and such statements should be uniform in all the shipping documents The freight particulars should mention the basis of freight tonnage heavy lift charges if any surcharge discount etc clearly and separately The net total freight payable shall be shown at the bottom

SHIPPING DOCUMENTS All documents viz Bill of Lading invoices packing list freight

memos country of origin certificates test certificate drawings and catalogues should be in English language

20 | P a g e

In addition of the bill of lading which should be obtained in three stamped original plus as

many copies as required invoices packing list freight memos (if the freight particulars are not shown in the bills of lading) country of origin certificate test composition certificate shall be made out against each shipment in as many number of copies as shown below

The bill of lading invoice and packing list specifically shall show uniformly the mark and

numbers contents case wise country of origin consignees name port of destination and all other particulars as indicated under clause 2 The invoice shall show the unit rates and net total FOB prices Items packed separately should also be invoiced and the value shown accordingly Packing list must show apart from other particulars actual contents in each case net and gross weights and dimensions and the total number of packages All documents should be duly signed by the Vendorrsquos authorised representatives

In the case of FOB orders shipping arrangements shall be made by the Chartering Wing of

the Ministry of Surface Transport New Delhi through their respective forwarding agents The names and addresses of forwarding agents shall be as per Special Purchase Conditions Supplier shall furnish to the respective agents the full details of consignments such as outside dimension weights (both gross and net) No of packages technical description and drawings name of supplier ports of loading etc 6-weeks notice shall be given by the supplier to enable the concerned agency to arrange shipping space

The bill of lading shall indicate the following Shipper Government of India Consignee Bharat Petroleum Corporation Limited In case of supplies from USA Export Licences if any required from the American

Authorities shall be obtained by the US Suppliers If need be assistance for obtaining such export licences would be available from India Supply Mission at Washington

82 AIRSHIPMENT In case of Airshipment the materials shall be shipped through freight

consolidator (approved by us) The airway bill shall be made out in favour of BHARAT PETROLEUM CORPORATION LIMITED

TRANSMISSION OF SHIPPING DOCUMENTS Foreign Supplier shall obtain the shipping

documents in seven complete sets including three original stamped copies of the Bill of Lading as quickly as possible after the shipment is made and airmail as shown below so that they are received at least three weeks before the Vessels arrival Foreign Supplier shall be fully responsible or any delay and or demurrage in clearance of the consignment at the port due to delay in transmittal of the shipping documents

If in terms of letter or otherwise the complete original set of documents are required to

be sent to BPCL through Bank the distribution indicated below will confine to copies of documents only minus originals

Documents BPCL (Mumbai) Bill of Lading 4 (including 1 original) Invoice 4

21 | P a g e

Packing List 4 Freight Memo 4 Country of Origin Certificate 4 Third party inspection certificate 4 Drawing 4 Catalogue 4 Invoice of Third Party 4 for inspection charges whenever applicable

9 INDIAN AGENT COMMISSION

Any offer through Indian agents will be considered only after authorization mentioning them as Indian agents is received from Vendor Indian agents commission if applicable will be payable only in Indian currency Indian agents should be registered with Directorate General of Supplies and Disposals Government of India and agency commission will be payable only after registration with DGSampD New Delhi

10 ORDER AWARD EVALUATION CRITERIA

Unless otherwise specified Order award criteria will be on lowest quote landed price basis Landed price will be summation of Basic Price Packing amp Forwarding Charges Excise Duty Sales Tax Freight Inspection Octroi Supervision of Installation amp Commissioning and other taxes amp levies loading etc if any reduced by cenvatvat credit as applicable

11 CONFIRMATION OF ORDER

The vendor shall acknowledge the receipt of the purchase order within 10 days of mailing the same The vendor shall sign stamp the acknowledgement copy of the purchase order and return the same to BPCL

12 PAYMENT TERMS 121 Unless otherwise specified 100 payment shall be made within 30 days from date of

receipt and acceptance of materials at Site against submission of Peformance Bank Guarantee (PBG) for 10 of basic order value if PBG is applicable for the tender

122 In the case of imports payment will be made on submission of original documents directly

to Owner (Telegraphic Transfer-TT) or through Bank (Cash against documents-CAD) or through Irrevocable Letter of Credit

123 Unless otherwise mentioned the specified documents (All documents listed below (one

original and two copies) should be submitted to originator of PO (the name and contact details of whom are given in PO) and payments for despatches will be made by the originator of Purchase Order a) Invoice b) Excise invoice c) The Lorry Receipt of the consignment d) Packing list for the consignment e) Third Party Inspectorrsquos Certificate covering the invoiced Material(s) Release Note

wherever applicable f) Manufacturers TestComposition Certificate wherever applicable g) Drawing(s)Catalogue(s) covering the Material(s) wherever applicable h) GuaranteeWarranty Certificate(s) wherever applicable i) Original Receipt for Octroiother statutory levies as applicable

22 | P a g e

j) Performance Bank Guarantee as applicable 13 GUARANTEE WARRANTY 131 Materials shall be guaranteed against manufacturing defects materials workmanship

and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier Warranty for replacement of material accessories should be provided free of charges at our premises The above guaranteewarranty will be without prejudice to the certificate of inspection or material receipt note issued by us in respect of the materials In case the defect arises within the abovementioned Defect Liability Period (DLP) and the same is repairedreplaced the DLP for the repairedreplaced jobitem will be extended suitably so as to cover the original DLP However in no case such extension will exceed 24 months from date of start of initial DLP

132 All the materials including components and sub contracted items should be guaranteed by

the vendor within the warranty period mentioned above In the event of any defect in the material the vendor will replace repair the material at BPCLrsquos concerned location at vendorrsquos risk and cost on due notice

133 In case vendor does not replace repair the material on due notice rejected material will

be sent to the vendor on ldquoFreight to payrdquo basis for free replacement Material after rectification of defects shall be dispatched by the vendor on ldquoFreight Paidrdquo basis Alternatively BPCL reserves the right to have the material repaired replaced at the locations concerned at the vendorrsquos risk cost and responsibility

134 The Vendor shall provide similar warrantee on the parts components fittings accessories

etc so repaired and or replaced 14 PERFORMANCE BANK GUARANTEES 141 Vendor will have to provide Performance Bank Guarantee for 10 of the basic value of

purchase order unless otherwise specified This bank guarantee shall be valid (shall remain in force) for guarantee period (as mentioned in the guarantee clause) with an invocation period of six months thereafter In the case of Indigenous vendors the Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100) PBG format is as per Annexure-I

In case PBG is not provided by the Vendor 10 of the basic value shall be retained in lieu of PBG till the expiry of guarantee and claim period

In the case of imports the Supplier shall furnish the Performance Bank Guarantee (as per Annexure-I) through the following

(a) Branches of Indian scheduled banks operating in their Country (b) Foreign bank operating in their Country which is counter guaranteed by branches of

Indian scheduled banks operating in their Country India (c) Indian branches of foreign banks (d) Foreign bank operating in their Country counter guaranteed by their Indian branch

23 | P a g e

However in respect of (c) and (d) above the Indian branch of foreign banks should be recognized as scheduled bank by Reserve Bank of India

142 If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG (ie

PBG issued against every purchase call off order) then the validity of PBG will be calculated as mentioned below

1421 Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate Contract

Period (validity of Rate Contract) + Contractual Delivery Period of material + Contractual Guarantee period + 6 month (for invocation Claim)

143 You may use following Bank details for SFMS PBG

Name of Bank State Bank of India Branch CAG Branch Mumbai Account No 11083980831 IFSC Code SBIN0009995

15 PACKING amp MARKING 151 PACKING 1511 Packing shall withstand the hazards normally encountered with the means of transport for

the goods of this purchase order including loading and unloading operation both by crane and by pushing off

In the case of imports all equipments materials shall be suitably packed in weather proof

seaworthy packing for ocean transport under tropical conditions and for rail or road or other appropriate transport in India The packing shall be strong and efficient enough to ensure safe preservance upto the final point of destination

RawSolid wood packaging material of imported items has to be appropriately treated amp

marked as per International Standard of Phytosanitary Measures (ISPM-15) for material originating from the contracting countries to the International Plant Protection Convention or the members of Food amp Agriculture Organization Material from non-contracting parties would have to be accompanied by a phytosanitary certificate of the treatment endorsed The Custom Officer at Indian Port shall not release the material without appropriate compliance of the above provisions wef 01112004

1512 The packing specification incorporated herein are supplementary to the internal and

external packing methods and standards as per current general rules of JRA Good Tariff Part-I All packaging shall be done in such a manner as to reduce volume as much as possible

1513 Fragile articles should be packed with special packing materials depending on the type of

Materials and the packing shall bear the words HANDLE WITH CARE GLASS FRAGILE DONT ROLL THIS END UP THIS END DOWN to be indicated by arrow

1514 Chemicals in powder form catalyst refractories and like materials etc shall be packed in

drums cans and tins only However Catalyst may be supplied in Jumbo bags

24 | P a g e

1515 The hazardous materials shall be packed in accordance with the applicable rules regulations and tariff of all cognizant Government Authorities and other Governing bodies It shall be the responsibility of the seller of hazardous materials to designate the material as hazardous and to identify each material by its proper commodity name and its hazardous material class code

1516 All packages requiring handling by crane should have sufficient space at appropriate place

to put sling of suitable dia (strength) IronSteel angle should be provided at the place where sling marking are made to avoid damage to package equipment while lifting

1517 Item shipped in bundles must be securely tied with steel wire or strapping Steel reinforcing

rods bars pipes structural members etc shall be bundled in uniform lengths and the weight shall be within the breaking strength of the securing wire or strapping

In the case of imports for bundles the shipping marks shall be embossed on metal or

similar tag and wired securely on each end 1518 All delicate surfaces on equipment materials should be carefully protected and printed

with protective paintcompound and wrapped to prevent rusting and damage 1519 All mechanical and electrical equipment and other heavy articles shall be securely fastened

to the case bottom and shall be blocked and braced to avoid any displacement shifting during transit

15110 Attachments and spare parts of equipment and all small pieces shall be packed separately

in wooden cases with adequate protection inside the case and wherever possible should be sent along with the main equipment Each item shall be suitably tagged with identification of main equipment item denomination and reference number of respective assembly drawing Each item of steel structure and furnaces shall be identified with two erection markings with minimum lettering height of 15mm Such markings will be followed by the collection numbers in indelible inkpaint A copy of the packing list shall accompany the materials in each package

15111 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted

wooden disc on the flanges All nozzles holes and openings and also all delicate surfaces shall be carefully protected against damage and bad weather All manufactured surfaces shall be painted with rust proof paint

In the case of imports for bulk uniform material when packed in several cases progressive

serial numbers shall be indicated on each case 15112 Wherever required equipment materials instruments shall be enveloped in polythene

bags containing silicagel or similar dehydrating compound

15113 Pipes shall be packed as under (a) Upto 50mm NB in wooden cases crates (b) Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimum

three places (c) Above 100mm NB in loose

25 | P a g e

15114 Pipes and tubes of stainless steel copper etc shall be packed in wooden cases irrespective of their sizes

15115 Pipes with threaded or flanged ends shall be protected with suitable caps covers before

packing In the case of imports all pipes and sheets shall be marked with strips bearing progressive no

15116 Detailed packing list in waterproof envelope shall be inserted in the package together with

equipmentmaterials One copy of the detailed packing list shall be fastened outside of the package in waterproof envelope and covered by metal cover

15117 The supplier shall be held liable for all damages or breakages to the goods due to the

defective or insufficient packing as well as for corrosion due to insufficient protection 15118 Packaged equipment or materials showing damage defects or shortages resulting from

improper packaging materials or packing procedures or having concealed damages or shortages at the time of unpacking shall be to the supplierrsquos account

All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearly indicated and marked ldquoATTENTION SPECIAL LOAD HANDLE WITH CARErdquo both in English Hindi Languages

In the case of imports a distinct colour splash in say red black around each package crate

bundle shall be given for identification 15119 Along with the packed material supplier should attach material list manualsinstructions

and also the Inspection certificate release note wherever applicable 152 MARKING The following details to be written on the side face of packing

a) Purchase Order Number b) Vendor Name c) Batch no with manufacturing date d) Procedure (in brief) for handling e) Date of dispatch etc

153 IMPORTED ITEMS On three sides of the packages the following marks shall appear clearly

visible with indelible paint and on Vendors care and expenses

BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions) From To Bharat Petroleum Corporation Limited (With detailed address as given in Special Purchase Conditions) Order No Rev No Item Equipment Nomenclature Net weight Kgs

26 | P a g e

Gross weight Kgs Case No of Total cases Dimensions Import License No NOTE Marking shall be bold - minimum letter height 5 cm For every order and every shipment packages must be marked with serial progressive numbering Top heavy containers shall be so marked either Top Heavy or Heavy Ends When packing material is clean and light coloured a dark black stencil paint shall be acceptable However where packaging material is soiled or dark a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings In case of large equipments like vessels heat exchangers etc the envelope containing the documents shall be fastened inside a shell connection with an identifying arrow sign documents using indelible paint

16 DELIVERY 161 Unless otherwise mentioned Vendor is requested to quote their best delivery schedule

from the date of receipt of Purchase order 162 Time being the essence of this contract the delivery mentioned in the purchase order shall

be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner Goods should be delivered securely packed and in good order and condition at the place of delivery and within the time specified in the purchase order for their delivery

163 The contractual delivery period is inclusive of all the lead time for engineering

procurement of raw material the manufacturing inspection testing packing transportation or any other activity whatsoever required to be accomplished for affecting the delivery at the required delivery point

164 Unless otherwise specified Material(s) shall not be despatched without prior inspection

andor testing and Release OrderMaterial(s) Acceptance Certificate issued by the Inspector(s)

165 BPCL shall have the right to advise any change in despatch point or destination in respect

of any Material(s) Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence will be reimbursed to the Vendor by BPCL

17 UNLOADING AND STACKING

Unloading and stacking will be arranged by BPCL The Vendor shall send BPCL information of the proposed consignment well in advance by telegramfaxe-mailcourier to enable BPCL to take necessary action

18 TRANSIT INSURANCE

27 | P a g e

Unless otherwise mentioned 181 Transit Insurance shall be in the vendorrsquos scope in the case of inland transportation of

goods 182 In the case of imports insurance against all marine and transit risk shall be covered under

the Owners marine policy However the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carriers responsibility is fully retained on the Carriers so that the consignees interests are fully secured and are in no way jeopardized

182 The Vendor shall send BPCL information of the proposed consignment well in advance by

faxe-mailcourier to enable BPCL to take necessary action for the transit insurance of the consignment Any failure by the Vendor to do so shall place the consignment at the Vendorrsquos risk

183 In the case of imports as soon as any shipment is made the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Limited (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments vessels name port of shipment bill of lading number and date total FOB and freight value

19 VALIDITY OF OFFER

The rates quoted against this tender shall be valid for a period of 180 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions

20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 201 The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered

to on the clear understanding that the Price(s) of the Material(s) hashave been fixed with reference to the said Delivery date(s)

202 If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them

beyond the stipulated date(s) of Delivery the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay and shall promptly keep BPCL informed of all subsequent developments

203 The delivery period quoted must be realistic amp specific The inability of successful Vendors

to execute orders in accordance with the agreed delivery schedule will entitle BPCL at its options to

2031 Accept delayed delivery at prices reduced by a sum equivalent to half percent (05) of the

basic value of any goods not delivered for every week of delay or part thereof limited to a maximum of 5 of the total basic order value LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract Date of receipt of materials at ownerrsquos premises shall be considered for calculation of price reduction for FOR destination contract

In the case of imports the contractual delivery date shall be considered from the date of Letter of Credit (LC) or the date of LC amendment because of Buyerrsquos fault plus one week

28 | P a g e

(to take care of transit time for receipt of LC) plus the delivery schedule as indicated by the vendors

In case of the shipment taking place on ldquoCash against documentsrdquo the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period

Further the date of BL or House airway bill shall be considered to find out the delay with respect to contractual delivery date In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any So vendor shall inform the readiness of material for shipment on FOB (Free on Board) basis FCA (Free on Carrier) basis

2032 Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor without prejudice to its right under 2031 above in respect of goods delivered

21 RISK PURCHASE CLAUSE

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms amp conditions of the order BPCL also reserves the right to procure the same or similar materialsequipment through other sources at vendors entire risk cost and consequences Further the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement

22 FORCE MAJEURE Circumstances leading to force majeure (a) Act of terrorism

(b) Riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection of military or usurped power (c) Ionising radiation or contamination radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component

(d) epidemics earthquakes flood fire hurricanes typhoons or other physical natural disaster but excluding weather conditions regardless of severity and

(e) freight embargoes strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract For the avoidance of doubt inclement weather third party breach delay in supply of materials (other than due to a nationwide transportersrsquo strike) or commercial hardship shall not constitute a Force Majeure event bull Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

2 | P a g e

NOTICE INVITING TENDER Dear SirMadam

Subject Open tender for inviting bids for Supply of DOUBLE BLOCK amp BLEED VALVES (DBBV) ON ARC BASIS FOR ALL INDIA REQUIREMENT

CRFQ no 1000340797 (E tender no 65625) due on 24022020 at 1500 HRS IST

1 Objective

We are pleased to invite your most competitive offer for the captioned supply in complete accordance with the tender documents attached herewith The objective of this tender is to invite technical and commercial proposals from the qualified bidders as per the tender bid qualification criteria and contract will be awarded to the successful bidder(s)

Bharat Petroleum Corporation Limited is a MAHARATNA PSU engaged in manufacturing and Marketing of diverse range of Petroleum Products BPCL (Bharat Petroleum Corporation Ltd) is a major Indian Government owned (Public sector) Oil Company engaged in Petroleum sector It operates numerous POL Terminals and LPG plants spread all across the country for receipt storage handling amp dispatch of petroleum products

The tendered quantity details are given below-

SRNO MATERIAL CODE MATERIAL

QTY(NOS)

1 7785401815 VLV DBBV_200MM NB - ANSI 150(HOV) 10 2 7785402015 VLV DBBV_250MM NB - ANSI 150(HOV) 10 3 7785402405 VLV DBBV_450MM NB - ANSI 150(HOV) 10 4 7785401825 VLV DBBV_200MM NB - ANSI 150(MOV) 5 5 7785402025 VLV DBBV_250MM NB - ANSI 150(MOV) 5 6 7785402355 VLV DBBV_300MM NB - ANSI 150(MOV) 10 7 7785402375 VLV DBBV_350MM NB - ANSI 150(MOV) 5 8 7785402395 VLV DBBV_400MM NB - ANSI 150(MOV) 10 9 7785402415 VLV DBBV_450MM NB - ANSI 150(MOV) 5 10 7785402435 VLV DBBV_500MM NB - ANSI 150(MOV) 10 11 7785402445 VLV DBBV_600MM NB - ANSI 150(MOV) 30

2 Award of contract would be on ldquoLine item wise lowest landed cost basisrdquo

3 Earnest Money Deposit (EMD) EMD by way of DD or Bank Guarantee for INR 25 Lakhs shall

be submitted by Indian bidders (including bidders registered with BPCL) Exemption of EMD would be only for manufacturer of the tendered items in line with Indian Govt policy for MSENSIC vendors Traders are not exempted for EMD

4 Purchase preference to Indian MSEs (Micro amp Small Enterprises) and Local Content shall be

applicable as per the Govt Of India Policies

5 For the purpose of clarifications bidders shall send their queries at within 7 days from the date of floating of tender or before pre-bid meeting on 12022020 1100 Hrs No further bidder queries shall be replied

Your queries should be submitted in excel format as per below template

3 | P a g e

S No Tender clause No BPCL Specifications amp Requirement

Your deviations comments justifications

6 Bank Details for SFMS Bank Guarantee (EMDPBG)

As per the approved process Bank has to confirm whether the BG is issued by them based on BPCLs request This is to ensure the authenticity of BG received at our end However Banks may delay the response which results in delayed vendor payments against BG In order to overcome this difficulty BPCL has tied up with SBI for obtaining Bank Confirmation of BG issuance through Structured Financial Messaging System (SFMS) platform

Following are the features of Bank Confirmation of BG in SFMS Platform 1) Bidder shall provide BPCLrsquos Bank Account No amp IFSC Code ( Details given below) to their

Bank at the time of application for Bank Guarantee in favour of BPCL 2) Issuing Bank shall issue the Bank Guarantee amp send SFMS message to BPCL Bank

confirming the Bank Guarantee as genuine 3) BPCLrsquos Bank (SBI) shall in turn send the said SFMS message to BPCLrsquos dedicated email ID

basis which BPEC shall consider the said Bank Guarantee as verified by Bank 4) Once the above process is completed BPEC Team shall proceed with the release of

payment to vendors which is due against the said Bank Guarantee

Hence all the bidders are requested to submit SFMS Bank Guarantee BPCLs Bank Details for issuance of SFMS Bank Guarantee are as follows

Name of Bank State Bank of India Branch CAG Branch Mumbai Account No 11083980831 IFSC Code SBIN0009995

7 This tender document consists of the following annexures which are enclosed

Sr No

Description Page no

Bidding Form provided in the E-Tender

Part 1 Techno-Commercial Bid

1 Notice Inviting Tender (NIT)

2 For information and acceptance only

2 General Instructions to bidders for e-tendering

13 For information and acceptance only

3 General Purchase Conditions (GPC)

15 For information and acceptance only

4 Formats for Bank Guarantee for PBG

35 For information and acceptance only

5 Special Purchase Conditions (SPC)

37 Mandatory Bidding form is provided in the E-tender for bidding Please ensure that you mention all the detailsacceptance pointwise including the delivery period Any deviation to the commercial terms should be mentioned in the bidding form provided for Deviations only

4 | P a g e

6 Bid Qualification Criteria 41 Mandatory Bidding form is provided in the E-tender for comments and uploading necessary documents as per criteria duly verified in the given tender format

7 Format for Undertaking for Holiday Listing and Liquidation status

43 Mandatory Bidding form is provided in the E-tender for uploading a duly signed copy in the given tender format on bidders letterhead

8 Format for TPIA certificate

44 Tender format for TPIA certificate to be submitted for BQC Criteria

11 Format for supply quantity

57 Tender format Supply Capability certificate to be submitted for BQC Criteria

12 PPLC policy document E-tender

Annexure and Bidding form for PPLC document to be submitted for claiming the Purchase preference as per tender terms

13 Vendor Master Details E-tender

Mandatory Bidding form is provided in the E-tender for bidding Please ensure that you mention all the detailsdocumentacceptance pointwise In case you are already have a BPCL vendor code please mention the same on your letter head and upload

14 Relationship with BPCL Directors

E-tender

Mandatory Bidding form is provided in the E-tender for bidding Please ensure that you mention all the detailsdocumentacceptance pointwise

15 Technical SpecificationsData Sheets of the tendered items

E-tender

Mandatory Bidding form is provided in the E-tender for bidding PDF document uploaded separately for reference Please ensure that you mention all the detailsacceptance pointwise Any deviation to the technical specifications should be mentioned in the bidding form provided for Deviations only

16 Form for Deviations (if any)

E-tender

Mandatory Bidding form is provided in the E-tender for bidding Please ensure that all your deviations are mentioned here only Any deviation mentioned elsewhere shall not be considered in the evaluation

Part 2 Price bid Price bid shall have to be submitted online in the respective price bid forms provided in the tender

16 Price bid form (Bidding form is provided in the E-tender)

E-tender

Mandatory Bidding form is provided in the E-tender for bidding Please ensure that all your prices are mentioned here only Any pricescosts mentioned elsewhere shall not be considered in the evaluation PDF document enclosed separately for reference

NOTE 1 In case of a dispute between the General Purchase Conditions and Special Purchase Conditions the Special Purchase Conditions shall prevail

2 A Mandatory Bidding form for acceptance of entire tender document is provided in the E-tender Kindly ensure that you accept the same

5 | P a g e

8 All the documents associated with Techno-Commercial bid (consisting of all the afore-mentioned Annexures and documents uploaded) and price bid shall form the part of the tender The entire bid shall be submitted online only General Instructions to bidders for e-tendering are as given in this tender Offers should strictly be in accordance with the tender terms amp conditions and our specifications Bidders are requested to carefully study all the documentsannexure and understand the conditions and specifications before quoting the rates and submitting this tender In case of any doubt the written clarifications should be obtained through email only before the Pre-Bid meeting on 12022020 1100 HRS IST but this shall not be a justification for request for extension of due date for submission of bids

9 Bidders shall also have to essentially sign and upload an Undertaking for Holiday listing and Liquidation status in the tender format for participating in this tender

10 Your online bid should be submitted on or before the due date of this tender viz 24022020 1500 HRS IST

11 Materials are required to be supplied as specified in the tender document specifications Bill

of quantities The details of specifications of materials required to be procured is enclosed along with this tender document Vendor is requested to submit their bids taking full notice of all the technical specifications terms and conditions forms amp attachments to this tender Bids must be through e-tendering system only and must be filled up by the authorized and competent authority of your firm

12 This is an e-tender Please visit the website httpsbpcleprocin for participating in this tender and submitting your Techno-commercial and Price bids online The bid documents are to be submitted online thru e-proc portal only All the bids shall be opened online CorrigendumAddendums if any will be provided against e-tender on bpcl e-proc site only

13 The e-tender is floated in Two Part Bid through E-Tender system consisting of Bid Qualification Criteria (BQC) Technical plus Commercial and Price Bids all floated together Each page of bid documents meant for uploading by the bidder is to be duly signed amp stamped before uploading the same Information pertaining to Particulars of Tenderers and Relationship with Directors and unpriced bids shall have to be filled online

14 Price bid is enclosed with this e-tender document Price bid shall have to be submitted online in the appropriate forms provided

15 Bidder should qualify in BQC Technical amp Commercial bids in order that their price bid can be

opened Bid Qualification Criteria Technical amp Commercial evaluation will be carried out before price bid opening Only Price bids of those bidders who qualify in the BQC Technical amp Commercial bids will be opened

16 The Vendors shall be in a position to produce further information as and when required by BPCL BPCL at its discretion reserves the right to verify information submitted and inspect the manufacturer facilities to confirm their capabilities The vendors should have required clearance from all statutory authorities as applicable

17 The placement of orders amp further activities pertaining to orders fulfilment will be undertaken by the user department

6 | P a g e

18 The bids submitted should be valid for Six months from the due date of tender for our acceptance A bid valid for a shorter period shall be considered as non-responsive and rejected by the Owner Notwithstanding above the Owner may solicit the Bidder consent to an extension of the period of bid validity The request and the responses thereto shall be made in writing

19 Once the offer is accepted it will remain firm till completion of contractsorders

20 Bids should be submitted positively by the due time amp date as mentioned in this tender The e-portal system time in Indian Standard time will be the time to be considered

21 We request the bidder to carefully go through all tender documents before submitting the offer Please note that any exceptions or deviations to the tender document is necessarily to be recorded in the deviation statement attached only Any exceptionsdeviations brought out elsewhere in the bid shall not be considered

22 The bidders may be invited for a presentation to BPCL during techno-commercial evaluation before price bid opening

23 The bidders to provide their bank details PAN tax Registration numbers as applicable for updating vendor master file You are also requested to keep us informed of any change in address status of your business contact details including email address etc

24 GOVERNING LAWS The laws of Union of India shall govern all matters concerning the tender Any issue arising related to the tender or the selection process shall be adjudged by the courts in Mumbai India

25 BPCL alone reserves the right to accept or reject any or all tenders received at its absolute discretion without assigning any reason whatsoever

26 A Pre-bid meeting is scheduled at the office of BPCL Sewree Mumbai All prospective bidders can participate in the same

27 The purpose of the pre-bid meeting is to clarify any doubts of the BIDDER on the interpretation of the provisions of tender

28 Bidder(s) are requested to submit their queries mentioning form name clause no amp clause

by a letter e-mail to our office as per schedule in order to have fruitful discussions during the meeting

29 All the Bidder(s) are requested to attend the pre-bid meeting to be held at BPCL Office as per schedule

30 Earnest Money Deposit (EMD) ( also referred to as Bid SecurityEMD) You shall be required to submit the Earnest Money Deposit (EMD) as mentioned in tender if applicable in physical form by the way of demand draft or bank guarantee drawn on any Nationalised or scheduled bank in favour of Ms Bharat Petroleum Corporation Ltd and payable at Mumbai at our office in a sealed cover addressed to Procurement Leader Gr 3 with following boldly super-scribed on the outer cover CRFQ number

7 | P a g e

Item Closing dateTime Name of the tenderer It should be sent by Registered PostCourier to the following address so as to reach before the due date amp time of the tender BPCL will not be responsible for non-receipt of instrument(s) due to postal delayloss in transit etc for any reason what-so-ever Bid received without the EMD if applicable is liable to be rejected A photocopy of the instrument of EMD to be duly signed amp stamped and uploaded against relevant heading in tender Office Address CPO-MKTG Bharat Petroleum Corp Ltd lsquoArsquo Installation Sewree Fort Road Sewree-East Mumbai-400015 The Bid SecurityEMD is required to protect the Owner against the risk of Bidderrsquos conduct which would warrant the security forfeiture The bids without requisite EMD will not be considered and bids of such bidder Bidder(s) shall be rejected The bidders not submitting EMD by due time amp date shall be rejected amp their bids shall not be evaluated further Firms registered with National Small Scale Industries Corporation (NSIC) Ministry of MSME of India for the item in tender are exempted from submission of Bid SecurityEMD All bidders quoting as MSE should submit a CA certificate issued by a CA on his letter head along with MSE doc (UAMEMIINSIC) to avail the benefits of Public Procurement Policy as per MSMED Act 2006Public Procurement Policy Order 2012 In case CA certificate is not submitted bid of the vendor shall be rejected at EMD stage Please note the below further points with respect to same 1) Bidder shall have to upload scanned copy of CA certificate with stamp of TPIA mentioning as verified from original Thereupon L1 bidders shall submit the hard copy of CA certificate certified by TPIA to BPCL within 7 days of opening of price bid 2) The CA certificate should be dated after the date of floating of tender and shall be specific to the tender for which bid is being submitted 3) Format of the CA certificate is attached for reference and bidder needs to submit certificate strictly in this format else bid shall be rejected Bidders are advised to instruct their banks not to post EMD directly to Owner as the same has to be submitted to us before e-bid submission due time amp date The Bid SecurityEMD may be forfeited i) If a Bidder withdrawsalters his bid during the period of bid validity or ii) In the case of a successful Bidder if the Bidder fails or refuses to accept the contractPurchase Order in accordance with agreed terms and conditions or iii) If a Bidder changes the proposed manufacturer after submission of Bid Unsuccessful Bidders Bid SecurityEMD without any interest will be discharged returned as promptly as possible as but not later than 60 days after the expiry of the period of bid validity prescribed by the Owner The successful Bidderrsquos Bid SecurityEMD if any without any interest will be discharged upon the Bidder accepting the contract

8 | P a g e

EMD by way of DD or Bank Guarantee shall be submitted by all bidders (including Bidders registered with BPCL) Exemption for this would be in line with govt policy for MSENSIC Vendors

31 The bidder shall bear all costs associated with the preparation and submission of the bid and

BPCL will in no case be responsible or liable for these costs regardless of the conduct or outcome of the bidding process

32 BPCL is not responsible for any delays from bidder end

33 BPCL reserves the right to make any changes in terms and conditions of tender before due date of bid submission and to reject any or all bids received incomplete BPCL reserves the right to change the quantity tendered

34 BPCL reserves their right to negotiate the quoted prices with lowest bidder

35 Vendors would be qualified based on data and documents provided by them and based on information available with BPCL with regard to their credentials Owner decision on any matter regarding short listing of vendors shall be final and any bidder shall not enter into any correspondence with owner unless asked for

36 The vendors who are on holiday list by BPCL MOPNG Oil Public Sector Undertaking (PSU) will not be considered

37 Tenderers shall also have to essentially sign an Integrity Pact (IP) for participating in this tender The salient points to be noted in regard to IP are Proforma of Integrity Pact shall be uploaded by the Tenderer along with the bid documents duly signed by the same signatory who is authorized to sign the bid documents All the pages of the Integrity Pact shall be duly signed Tendererrsquos failure to upload the IP duly signed along with the bid document shall result in the bid not being considered for further evaluation If the tenderer has been disqualified from the tender process prior to the award of the contract in accordance with the provisions of the Integrity Pact BPCL shall be entitled to demand and recover from Tenderer Price reduction amount by forfeiting the EMDPerformance Guarantee as per provisions of the Integrity Pact If the contract has been terminated according to the provisions of the Integrity Pact or if BPCL is entitled to terminate the contract according to the provisions of the Integrity pact BPCL shall be entitled to demand and recover from contractor Price reduction amount by forfeiting the Performance Guarantee amount as per provisions of the Integrity Pact Tenderers may raise disputescomplaints if any with the nominated Independent External Monitor

38 All the tender documents and Annexures Techno-commercial details and Price Bids shall be required to be digitally signed with a class IIB or above digital signature by the authorized signatory The authorized signatory shall be

I Proprietor in case of proprietary concern II Authorized partner in case of partnership firm

III Director in case of a limited Company duly authorized by its board of directors to sign

9 | P a g e

IV If for any reason the proprietor or the authorized partner or director as the case may be are unable to digitally sign the document the said document should be digitally signed by the constituted attorney having full authority to sign the tender document

39 Online submission of the tender shall be considered as token of having read understood and

totally accepted all the terms and conditions

40 The bidder is expected to examine all instructions forms attachments terms and specifications in the tender document The entire tender document together with all its attachments thereto shall be considered to be read understood and accepted by the bidder unless deviations are specifically stated seriatim by the bidder Failure to furnish all information required in the tender document or submission of a bid not substantially responsive to the tender documents in every respect will be at bidders risk and may result in the rejection of his bid

41 Bidders in their own interest shall ensure that they submit their e-bid complete in all respects well within the specified bid due date and time No relaxation shall be given for delay due to any unforeseen event in submission of bid

42 At any time prior to the bid due date we may for any reason whether at its own initiative or in response to a clarification requested by a prospective Bidder modify the Bid Document The amendment will be notified through e tender portal to all prospective Bidders and will be binding on them In order to afford prospective Bidder reasonable time to take the amendment into account in preparing their bids we may at our discretion extend the bid due date

43 The bid prepared by the Bidder and all correspondence drawings and documents relating to the bid exchanged by Bidder and the Owner shall be written in ENGLISH language provided that any printed literature furnished by the Bidder may be written in another language so long as accompanied by an ENGLISH translation in which case for the purpose of interpretation of the bid the ENGLISH translation shall govern

44 Declaration with the bid qualification criteria that bidder has not been banned or delisted by any Government or quasi Government agencies or Public Sector Undertaking (PSU) as per declaration format (provided as attachment under declaration format) of the tender document should be downloaded amp then suitably filled signed stamped amp uploaded against relevant heading

45 Bidders are advised to submit bids based strictly on the terms amp conditions and specifications contained in the tender document and not to stipulate any deviations Each Bidder shall submit only one bid A Bidder who submits more than one bid will be rejected

46 The Owner may at its discretion extend the bid due date in which case all rights and obligations of the Owner and the Bidders previously subject to the bid due date shall thereafter be subject to the new bid due date as extended

47 TelexTelefax E-mailpostal offers will not be considered and shall be rejected

48 No bid shall be modified subsequent to the due date amp time or extension if any for submission of bids Bidder(s) to note that Price changes after submission of bid shall not be allowed In case any bidder gives revised pricesprice implication his bid shall be rejected No bid shall be

10 | P a g e

allowed to be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder Withdrawal of a bid during this interval shall result in the forfeiture of Bidders EMD No suo motu reduction in prices quoted by bidder shall be permitted after opening of the bid If any bidder unilaterally reduces the prices quoted by him in his bid after opening of bids the bid (s) of such bidder(s) will be liable to be rejected Such reduction shall not be considered for evaluation of prices but shall be binding on the bidder in case he happens to be a successful bidder for award of work

49 Bids that do not meet the Bid qualification criteria as specified in the bid document shall be rejected A bid with incomplete scope of work andor which does not meet the technical requirements as specified in the bid document shall be considered as non-responsive and rejected Conditional bids will be liable for rejection

50 The Owner will examine the bids to determine whether they are complete whether any computational errors have been made whether the documents have been properly signed and whether the bids are generally in order

51 The experience details and financial amp technical capabilities of the Bidder(s) shall be examined to determine whether the Bidder(s) offer meets the Bid Qualification criteria mentioned To assist in the examination evaluation and comparison of Un-priced bids the Owner may at its discretion ask the Bidder clarifications on the bid The request for such clarifications and the response thereto shall be in writing Prior to the evaluation and comparison of the bid the Owner will determine the substantial responsiveness of each bid to the bidding documents

52 Prior to the expiration of period of bid validity the Owner will notify the successful Bidder in writing or by email that his bid has been accepted The Notification of Award will constitute the formation of the Contract Delivery Period shall be counted from the date of notification of award (LetterFaxe-mail of Intent)

53 Any efforts by a Bidder to influence the Owner in the Owner bid evaluation bid comparison or contract award decisions may result in the rejection of their bid

54 VERIFICATION BY OWNER All statements submitted by Bidder regarding experience manpower availability equipment and machinery availability etc are subject to verification by the Owner either before placement of order or after placement of order If any data submitted by the Bidder at the bid stage is found to be incorrect the offer is liable to be rejected or the Contractorder is liable to be terminated

55 The relevant WCTTDS if amp as applicable will be deducted from the charges quoted by the successful bidder

56 It is for the Bidder to assess and ascertain the Tax rate applicable on quoted items It is clearly understood that Owner will not have any additional liability towards payment of taxdutycess which is based on Bidders wrong assessment interpretation of applicability of such taxdutycess For Services such as installation commissioning activities bidderrsquos quoted prices shall be inclusive of taxes applicable till complete execution of the ordercontract and Owner shall not have any liabilities whatsoever on this account Variation for any reason including Statutory levies will be vendorrsquos account Bidder shall quote rate of Tax on the quoted charges Bidder shall ensure that invoice(s) shows the tax component separately and is issued in accordance with the applicable Tax Rules Octroi Entry tax if applicable in India shall be directly paid by the vendor which shall be reimbursed by Owner at actuals on

11 | P a g e

submission of documentary proof BPCL shall not be liable in case the tax authorities assess the tax elements in a different way on account of any reason whatsoever Taxes and duties other than those specified in this document if any shall be included in the quoted prices and no reimbursement shall be made by BPCL Ownerrsquos liability with respect to taxes and duties will be restricted to the Tax as quoted by the bidder Any new or additional taxes or duties levied by statutory authorities during contract shall be borne by the bidder

57 ISSUE OF CONTRACT PURCHASE ORDER After the successful Bidder has been notified that his bid has been accepted the Owner will send to such Bidder a detailed contractPurchase Orders incorporating all the terms and conditions agreed between the parties Within 7 days of receipt of the detailed contract Purchase Order the Bidder shall sign and return to the Owner the duplicate copy of the contractorder as a token of their Acknowledgement The contract will be issued by CPO (M) dept amp call-off orderspurchase orders by EampP dept of BPCL

58 Grievance Redressal Mechanism Bharat Petroleum Corporation Limited (BPCL) has developed the Grievance Redressal Mechanism to deal with references grievances if any that is received from bidders who participated intends to participate in the Corporation tender The details of the same are available on our website wwwbharatpetroleumin

59 It shall be understood that every endeavour has been made to avoid errors which can materially affect the basis of the tender and the successful vendor shall take upon himself and provide for risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof

60 In case a Start-up is interested in supplying a tendered item but does not meet the Pre-

Qualification Criteria(PQC)Proven Track Record (PTR) of prior Turnover norm as indicated in the tender document the Start-up may be requested to write a detailed proposal separately and not against the present tender requirement to the tender issuing authority about its product Such proposal should be accompanied by relevant documents in support of Start-ups as under

I Certificate of Recognition issued by Department of Industrial Policy and Promotion (DIPP) Ministry of Commerce and Industry GOI

II Certificate of Incorporation Registration III Audited PampL Statement of all the financial years since incorporation IV In case where balance sheet has not been prepared bidder shall submit a certificate

in Original from its CEOCFO stating the turnover of the bidding entity separately for each Financial Year Since incorporation along with declaration stating the reason for not furnishing the audited PampL statement The Certificate shall be endorsed by Chartered Accountant Statutory Auditor

61 By submitting the bid the bidder undertakes as under

Iwe hereby undertake that the statements made hereininformation given in the bids through e-tendering systemannexuresformsuploaded documents referred are true in all respects and that in the event of any such statement or information being found to be incorrect in any particular the same may be construed to be a misrepresentation entitling BPCL to avoid any resultant contract Iwe further undertake as and when called upon by BPCL to produce for its inspection original(s) of the document(s) of which copies have been annexed hereto

12 | P a g e

62 For any clarification on e-tendering training uploading of document on e-procurement site please contact our service provider Ms E-procurement Technology Ltd on below numbers Phone 02224176419 E-mailsupportbpcleprocinmumbaisupporteptlin HELP DESK NOS 91-79-40016848 40016818

63 For any queries clarifications on tender technical specifications commercial points and

other terms and conditions of the tender please contact as under- Mr Seema Khadase Asst Manager Procurement CPO (MKTG) CONTACT NO 91-22-24176405 8879222134 (M) EMAIL seemakhadasebharatpetroleumin

64 In case you are not satisfied with the clarification of doubts you may escalate the query

To MrAjoy Sarkar Procurement Leader CPO (MKTG) CONTACT NO 91-22-24176412 9819971906 (M) EMAIL sarkarabharatpetroleumin

65 Office Address CPO-MKTG Bharat Petroleum Corp Ltd lsquoArsquo Installation Sewree Fort Road

Sewree-East Mumbai-400015 66 Contact details of Independent External Monitors (IEM) for Complaints and Disputes

regarding the tender only

Shri Vikram Srivastava Shri Virendra Bahadur Singh Shri Anupam Kulshreshtha

ADDRESS ADDRESS ADDRESS

E-202 Second Floor Greater Kailash Part 2 New Delhi - 110048

HNo B-564 Vineet Khand Gomati Nagar Lucknow - 226010

B-33 lsquoYarrows Apartmentsrsquo

Plot C-585 Sector 62

Noida UP -201309

vikramsrivastava1973gmailcom vbsinghipsgmailcom Anupam8gmailcom

Mob No 09810642323 Mob No 8853760730 Mob No 9968281160

Thanking you Yours faithfully for Bharat Petroleum Corporation Ltd Ajoy Sarkar Procurement Leader

13 | P a g e

General Instructions to bidders for e-tendering

1 Interested parties may download the tender from BPCL website (httpwwwBharatpetroleumin) or the CPP portal (httpeprocuregovin) or from the e-tendering website (httpsbpcleprocin) and participate in the tender as per the instructions given therein on or before the due date of the tender The tender available on the BPCL website and the CPP portal can be downloaded for reading purpose only For participation in the tender please fill up the tender online on the e-tender system available on httpsbpcleprocin 2 For registration on the e-tender site httpsbpcleprocin you can be guided by the ldquoInstructions to Vendorsrdquo available under the download section of the homepage of the website As the first step bidder shall have to click the ldquoRegisterrdquo link and fill in the requisite information in the ldquoBidder Registration Formrdquo Kindly remember your e-mail id (which will also act as the login ID) and the password entered therein Once you complete this process correctly you shall get a system generated mail Login in to the portal using your credentials When you log in for the first time system will ask you to add your Digital Signature Once you have added the Digital Signature please inform us by mail to the vendor administrator vendoradminbpcleprocin with a copy to supportbpcleprocin for approval Once approved bidders can login in to the system as and when required 3 As a pre-requisite for participation in the tender vendors are required to obtain a valid Digital Certificate of Class IIB and above (having both signing and encryption certificates) as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCIA) Controller of Certifying Authorities (CCA) The cost of obtaining the digital certificate shall be borne by the vendor In case any vendor so desires he may contact our e-procurement service provider Ms E-Procurement Technologies Ltd Ahmedabad (Contact no Tel +91 79 4001 6868 for obtaining the digital signature certificate 4 Corrigendumamendment if any shall be notified on the site httpsbpcleprocin In case any corrigendumamendment is issued after the submission of the bid then such vendors who have submitted their bids shall be intimated about the corrigendumamendment by a system-generated email It shall be assumed that the information contained therein has been taken into account by the vendor They have the choice of making changes in their bid before the due date and time 5 Price bid of only those vendors shall be opened whose Techno-Commercial bid is found to be acceptable to us The schedule for opening the price bid shall be advised separately 6 Directions for submitting online offers electronically against e-procurement tenders directly through internet (i) Vendors are advised to log on to the website (httpsbpcleprocin) and arrange to register themselves at the earliest if not done earlier (ii) The system time (IST) that will be displayed on e-Procurement web page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance (iii) Vendors are advised in their own interest to ensure that their bids are submitted in e-Procurement system well before the closing date and time of bid If the vendor intends to changerevise the bid already submitted they shall have to withdraw their bid already submitted change revise the bid and submit once again In case vendor is not able to complete

14 | P a g e

the submission of the changedrevised bid within due date amp time the system would consider it as no bid has been received from the vendor against the tender and consequently the vendor will be out of contention The process of change revise may do so any number of times till the due date and time of submission deadline However no bid can be modified after the deadline for submission of bids (iv) Once the entire process of submission of online bid is complete they will get an auto mail from the system stating you have successfully submitted your bid in the following tender with tender details (v) Bids Offers shall not be permitted in e-procurement system after the due date time of tender Hence no bid can be submitted after the due date and time of submission has elapsed (vi) No manual bidsoffers along with electronic bidsoffers shall be permitted 7 For tenders whose estimated procurement value is more than Rs 10 lakhs vendors can see the rates quoted by all the participating bidders once the price bids are opened For this purpose vendors shall have to log in to the portal under their user ID and password click on the ldquodash boardrdquo link against that tender and choose the ldquoResultsrdquo tab 8 No responsibility will be taken by BPCL andor the e-procurement service provider for any delay due to connectivity and availability of website They shall not have any liability to vendors for any interruption or delay in access to the site irrespective of the cause It is advisable that vendors who are not well conversant with e-tendering procedures start filling up the tenders much before the due date time so that there is sufficient time available with himher to acquaint with all the steps and seek help if they so require Even for those who are conversant with this type of e-tendering it is suggested to complete all the activities ahead of time It should be noted that the individual bid becomes viewable only after the opening of the bid onafter the due date and time Please be reassured that your bid will be viewable only to you and nobody else till the due date time of the tender opening The non-availability of viewing before due date and time is true for e-tendering service provider as well as BPCL officials 9 BPCL andor the e-procurement service provider shall not be responsible for any direct or indirect loss or damages and or consequential damages arising out of the bidding process including but not limited to systems problems inability to use the system loss of electronic information etc In case of any clarification pertaining to e-procurement process and system related issues the vendor may contact Ms E-Procurement Technologies Ltd at contact no Tel +91 79 40270573 followed with an e-mail to id supportbpcleprocin

15 | P a g e

General Purchase Conditions The following conditions shall be applicable for all procurement unless specifically mentioned in the Special Purchase Conditions I N D E X 1 DEFINITIONS 2 REFERENCE FOR DOCUMENTATION 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER 4 LANGUAGE OF BID 5 PRICE 6 TAXES AND DUTIES 7 INSPECTION 8 SHIPPING 9 INDIAN AGENT COMMISSION 10 ORDER AWARD EVALUATION CRITERIA 11 CONFIRMATION OF ORDER 12 PAYMENT TERMS 13 GUARANTEEWARRANTY 14 PERFORMANCE BANK GUARANTEE 15 PACKING amp MARKING 16 DELIVERY 17 UNLOADING AND STACKING 18 TRANSIT INSURANCE 19 VALIDITY OF OFFER 20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 21 RISK PURCHASE CLAUSE 22 FORCE MAJEURE CLAUSE 23 ARBITRATION CLAUSE 24 INTEGRITY PACT (IP) 25 RECOVERY OF SUMS DUE 26 CONFIDENTIALITY OF TECHNICAL INFORMATION 27 PATENTS amp ROYALTIES 28 LIABILITY CLAUSE 29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT 30 COMPLIANCE OF REGULATIONS 31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT 32 NON-WAIVER 33 NEW amp UNUSED MATERIAL 34 PURCHASE PREFERENCE CLAUSE 35 CANCELLATION 36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION 37 ASSIGNMENT 38 GOVERNING LAW 39 AMENDMENT 40 NOTICES 41 POLICY ON HOLIDAY LISTING 42 ORDER OF PRECEDENCE FOR PURCHASES 43 TERMINATION FOR CONVENIENCE

16 | P a g e

GENERAL PURCHASE CONDITIONS 1 DEFINITIONS

The following expressions used in these terms and conditions and in the purchase order shall have the meaning indicated against each of these

11 OWNER Owner means Bharat Petroleum Corporation Limited (a Government of India

enterprise) a Company incorporated in India having its registered office at Bharat Bhavan 4 amp 6 Currimbhoy Road Ballard Estate Mumbai 400038 and shall include its successors and assigns (hereafter called BPCL as a short form)

12 VENDOR Vendor means the person firm or the Company Corporation to whom this

Request for quotation (RFQ)purchase order is issued and shall include its successors and assigns

13 INSPECTOR Person agency deputed by BPCL for carrying out inspection checkingtesting

of items ordered and for certifying the items conforming to the purchase order specifications

14 GOODS MATERIALS means any of the articles materials machinery equipments

supplies drawing data and other property and all services including but not limited to design delivery installation inspection testing and commissioning specified or required to complete the order

15 SITE LOCATION means any Site where BHARAT PETROLEUM CORPORATION LIMITED

desires to receive materials any where in India as mentioned in RFQ 16 ldquoRATE CONTRACTrdquo means the agreement for supply of goods materials between Owner

and Vendor for a fixed period of time (ie till validity of Rate Contract with no commitment of contractual quantity) on mutually agreed terms and conditions The actual supply of goods materials shall take place only on issue of separate purchase orders for required quantity as and when required by Owner

17 ldquoFIRM PROCUREMENTrdquo means the agreement between the parties for mutually agreed

terms and conditions with commitment of Quantity Ordered 2 REFERENCE FOR DOCUMENTATION 21 The number and date of Collective Request for Quotation (CRFQ) must appear on all

correspondence before finalization of Rate Contract Purchase Order 22 After finalization of Contract Purchase Order The number and date of Rate Contract

Purchase Order must appear on all correspondence drawings invoices dispatch advices (including shipping documents if applicable) packing list and on any documents or papers connected with this order

23 In the case of imports the relevant particulars of the import Licence shall be duly indicated in

the invoice and shipping documents as well as on the packages or consignments 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER

17 | P a g e

The right to accept the tender will rest with the Owner 4 LANGUAGE

The Bid and all supporting documentation and all correspondence whatsoever exchanged by Vendor and Owner shall be in English language only

5 PRICE

Unless otherwise agreed to the terms of the RFQ price shall be Firm and no escalation will be entertained on any ground except on the ground of statutory levies applicable on the tendered items

6 TAXES AND DUTIES All vendors shall have VAT CSTGSTService tax registration in the concerned State and vendor shall quote their TIN number in the quotation

61 EXCISE DUTY 611 Excise duty extra as applicable at the time of delivery within scheduled delivery period will

be payable by BPCL against documentary evidence Vendor shall mention in their offer the percentage of excise duty applicable at present Any upward variation in excise duty rates beyond the contractual delivery period shall be to vendorrsquos account

612 In case Excise Duty is not applicable at present Excise duty due to change in turn over is

not payable If applicable in future the same will be borne by vendor 613 Owner shall take CENVAT Credit on the material supplied for both excise duty and cess

component and accordingly Excise duty Cess should be quoted separately wherever applicable

Vendor shall ask the transporter of the goods to hand over the copy of excise invoice (transporterrsquos copy) at the time of delivery of goods at ownerrsquos site

62 SALES TAX VATGST 621 Sales Tax as applicable at the time of delivery within scheduled delivery period will be

payable by BPCL Vendor shall give details of local sales tax and or central sales tax currently applicable in their offer The rates applicable for ldquoCST without form Crdquo ldquoCST with form C and ldquoVATrdquo shall be clearly indicated

622 Input VAT Credit may be claimed by BPCL wherever applicable Vendor shall submit the

TAX invoice 63 SERVICE TAX All vendors shall have service tax registration wherever applicable BPCL

may also claim CENVAT Credit on service tax The vendor should quote service tax separately if applicable Vendor shall submit the TAX invoice Vendor is required to furnish serially numbered and signed invoice bill challan containing the following details

Name address and registration number of the service provider Name and address of person receiving taxable service Description classification and value of taxable service provided Service Tax Payable

18 | P a g e

64 FREIGHT AND OCTROI 641 Freight Firm freight charges to be quoted as indicated in the Tender documents Freight

shall be payable after receipt of the Material(s) at the site unless otherwise specified 642 Octroi and entry taxes if any shall be invoiced separately and shall be re-imbursed by BPCL

at actuals after receipt of the Material(s) at the Site against the submission of original documentary evidence for proof of payment of the related octroi and entry taxes as the case may be

65 NEW STATUTORY LEVIES All new statutory levies leviable on sale of finished goods to

owner if applicable are payable extra by BPCL against documentary proof within the contractual delivery period

66 VARIATION IN TAXES DUTIES Any increasedecrease in all the above mentioned

statutory levies on the date of delivery during the scheduled delivery period on finished materials will be on BPCLs account Any upward variation in statutory levies after contractual delivery date shall be to vendorrsquos account

67 INCOME TAX (WITHHOLDING TAX) In the case of availment of services from Non Resident

Vendors who are claiming benefits offered under the Double Taxation Avoidance Agreements signed by India with the Government of the other country (ie the country of the Vendor) such Non Resident Vendors are required to provide the Tax Residency Certificates at the time of submission of Bid documents The Tax Residency Certificates shall contain the following details

a) Name of Vendor (assessee) b) Status (Individual Company firm etc) of assessee c) Nationality (in case of individual) d) Country or specified territory of incorporation or registration (in case of others) e) Assessee lsquos tax identification number in the country or specified territory of residence

or in case no such number then a unique number on the basis of which the person is identified by the Government of the country or the specified territory

f) Residential status for the purpose of tax g) Period for which the certificate is applicable and h) Address of the applicant for the period for which the certificate is applicable

The Tax Residency Certificate shall be duly verified by the Government of the Country or the specified territory of the assessee of which the assessee claims to be a resident for the purposes of tax

7 INSPECTION 71 Materials shall be inspected by BPCL approved third party inspection agency if applicable

before dispatch of materials However arranging and providing inspection facilities is entirely vendorrsquos responsibility and in no way shall affect the delivery schedule

72 Scope of Inspection shall be as per RFQ Materials shall be inspected as per scope of

inspection by TPIAs which are registered under ldquoNABCB accredited bodies as per

19 | P a g e

requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of Goods The link is a below

httpnabcbqciorginaccreditationreg_bod_inspection_bodiesphp 73 Unless otherwise specified the inspection shall be carried out as per the relevant

standards scope of inspection provided alongwith the Tender EnquiryPurchase Order 74 BPCL may at its own expense have its representative(s) witness any test or inspection In

order to enable BPCLrsquos representative(s) to witness the tests inspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections

75 Even if the inspection and tests are fully carried out the Vendor shall not be absolved from

its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendorrsquos responsibility shall also not be anywise reduced or discharged because BPCL or BPCLrsquos representative(s) or Inspector(s) shall have examined commented on the Vendorrsquos drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s)

76 Although material approved by the Inspector(s) if on testing and inspection after receipt

of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

8 SHIPPING 81 SEA SHIPMENT All shipment of materials shall be made by first class direct vessels

through the chartering wing Ministry of Surface Transport as per procedure detailed hereunder The Foreign Supplier shall arrange with Vessels Owners or Forwarding Agents for proper storage of the entire Cargo intended for the project in a specific manner so as to faciliate and to avoid any over carriage at the port of discharge All shipment shall be under deck unless carriage on deck is unavoidable

The bills of lading should be made out in favour of `Bharat Petroleum Corporation Limited

or order

All columns in the body of the Bill of Lading namely marks and nos material description weight particulars etc should be uniform and accurate and such statements should be uniform in all the shipping documents The freight particulars should mention the basis of freight tonnage heavy lift charges if any surcharge discount etc clearly and separately The net total freight payable shall be shown at the bottom

SHIPPING DOCUMENTS All documents viz Bill of Lading invoices packing list freight

memos country of origin certificates test certificate drawings and catalogues should be in English language

20 | P a g e

In addition of the bill of lading which should be obtained in three stamped original plus as

many copies as required invoices packing list freight memos (if the freight particulars are not shown in the bills of lading) country of origin certificate test composition certificate shall be made out against each shipment in as many number of copies as shown below

The bill of lading invoice and packing list specifically shall show uniformly the mark and

numbers contents case wise country of origin consignees name port of destination and all other particulars as indicated under clause 2 The invoice shall show the unit rates and net total FOB prices Items packed separately should also be invoiced and the value shown accordingly Packing list must show apart from other particulars actual contents in each case net and gross weights and dimensions and the total number of packages All documents should be duly signed by the Vendorrsquos authorised representatives

In the case of FOB orders shipping arrangements shall be made by the Chartering Wing of

the Ministry of Surface Transport New Delhi through their respective forwarding agents The names and addresses of forwarding agents shall be as per Special Purchase Conditions Supplier shall furnish to the respective agents the full details of consignments such as outside dimension weights (both gross and net) No of packages technical description and drawings name of supplier ports of loading etc 6-weeks notice shall be given by the supplier to enable the concerned agency to arrange shipping space

The bill of lading shall indicate the following Shipper Government of India Consignee Bharat Petroleum Corporation Limited In case of supplies from USA Export Licences if any required from the American

Authorities shall be obtained by the US Suppliers If need be assistance for obtaining such export licences would be available from India Supply Mission at Washington

82 AIRSHIPMENT In case of Airshipment the materials shall be shipped through freight

consolidator (approved by us) The airway bill shall be made out in favour of BHARAT PETROLEUM CORPORATION LIMITED

TRANSMISSION OF SHIPPING DOCUMENTS Foreign Supplier shall obtain the shipping

documents in seven complete sets including three original stamped copies of the Bill of Lading as quickly as possible after the shipment is made and airmail as shown below so that they are received at least three weeks before the Vessels arrival Foreign Supplier shall be fully responsible or any delay and or demurrage in clearance of the consignment at the port due to delay in transmittal of the shipping documents

If in terms of letter or otherwise the complete original set of documents are required to

be sent to BPCL through Bank the distribution indicated below will confine to copies of documents only minus originals

Documents BPCL (Mumbai) Bill of Lading 4 (including 1 original) Invoice 4

21 | P a g e

Packing List 4 Freight Memo 4 Country of Origin Certificate 4 Third party inspection certificate 4 Drawing 4 Catalogue 4 Invoice of Third Party 4 for inspection charges whenever applicable

9 INDIAN AGENT COMMISSION

Any offer through Indian agents will be considered only after authorization mentioning them as Indian agents is received from Vendor Indian agents commission if applicable will be payable only in Indian currency Indian agents should be registered with Directorate General of Supplies and Disposals Government of India and agency commission will be payable only after registration with DGSampD New Delhi

10 ORDER AWARD EVALUATION CRITERIA

Unless otherwise specified Order award criteria will be on lowest quote landed price basis Landed price will be summation of Basic Price Packing amp Forwarding Charges Excise Duty Sales Tax Freight Inspection Octroi Supervision of Installation amp Commissioning and other taxes amp levies loading etc if any reduced by cenvatvat credit as applicable

11 CONFIRMATION OF ORDER

The vendor shall acknowledge the receipt of the purchase order within 10 days of mailing the same The vendor shall sign stamp the acknowledgement copy of the purchase order and return the same to BPCL

12 PAYMENT TERMS 121 Unless otherwise specified 100 payment shall be made within 30 days from date of

receipt and acceptance of materials at Site against submission of Peformance Bank Guarantee (PBG) for 10 of basic order value if PBG is applicable for the tender

122 In the case of imports payment will be made on submission of original documents directly

to Owner (Telegraphic Transfer-TT) or through Bank (Cash against documents-CAD) or through Irrevocable Letter of Credit

123 Unless otherwise mentioned the specified documents (All documents listed below (one

original and two copies) should be submitted to originator of PO (the name and contact details of whom are given in PO) and payments for despatches will be made by the originator of Purchase Order a) Invoice b) Excise invoice c) The Lorry Receipt of the consignment d) Packing list for the consignment e) Third Party Inspectorrsquos Certificate covering the invoiced Material(s) Release Note

wherever applicable f) Manufacturers TestComposition Certificate wherever applicable g) Drawing(s)Catalogue(s) covering the Material(s) wherever applicable h) GuaranteeWarranty Certificate(s) wherever applicable i) Original Receipt for Octroiother statutory levies as applicable

22 | P a g e

j) Performance Bank Guarantee as applicable 13 GUARANTEE WARRANTY 131 Materials shall be guaranteed against manufacturing defects materials workmanship

and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier Warranty for replacement of material accessories should be provided free of charges at our premises The above guaranteewarranty will be without prejudice to the certificate of inspection or material receipt note issued by us in respect of the materials In case the defect arises within the abovementioned Defect Liability Period (DLP) and the same is repairedreplaced the DLP for the repairedreplaced jobitem will be extended suitably so as to cover the original DLP However in no case such extension will exceed 24 months from date of start of initial DLP

132 All the materials including components and sub contracted items should be guaranteed by

the vendor within the warranty period mentioned above In the event of any defect in the material the vendor will replace repair the material at BPCLrsquos concerned location at vendorrsquos risk and cost on due notice

133 In case vendor does not replace repair the material on due notice rejected material will

be sent to the vendor on ldquoFreight to payrdquo basis for free replacement Material after rectification of defects shall be dispatched by the vendor on ldquoFreight Paidrdquo basis Alternatively BPCL reserves the right to have the material repaired replaced at the locations concerned at the vendorrsquos risk cost and responsibility

134 The Vendor shall provide similar warrantee on the parts components fittings accessories

etc so repaired and or replaced 14 PERFORMANCE BANK GUARANTEES 141 Vendor will have to provide Performance Bank Guarantee for 10 of the basic value of

purchase order unless otherwise specified This bank guarantee shall be valid (shall remain in force) for guarantee period (as mentioned in the guarantee clause) with an invocation period of six months thereafter In the case of Indigenous vendors the Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100) PBG format is as per Annexure-I

In case PBG is not provided by the Vendor 10 of the basic value shall be retained in lieu of PBG till the expiry of guarantee and claim period

In the case of imports the Supplier shall furnish the Performance Bank Guarantee (as per Annexure-I) through the following

(a) Branches of Indian scheduled banks operating in their Country (b) Foreign bank operating in their Country which is counter guaranteed by branches of

Indian scheduled banks operating in their Country India (c) Indian branches of foreign banks (d) Foreign bank operating in their Country counter guaranteed by their Indian branch

23 | P a g e

However in respect of (c) and (d) above the Indian branch of foreign banks should be recognized as scheduled bank by Reserve Bank of India

142 If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG (ie

PBG issued against every purchase call off order) then the validity of PBG will be calculated as mentioned below

1421 Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate Contract

Period (validity of Rate Contract) + Contractual Delivery Period of material + Contractual Guarantee period + 6 month (for invocation Claim)

143 You may use following Bank details for SFMS PBG

Name of Bank State Bank of India Branch CAG Branch Mumbai Account No 11083980831 IFSC Code SBIN0009995

15 PACKING amp MARKING 151 PACKING 1511 Packing shall withstand the hazards normally encountered with the means of transport for

the goods of this purchase order including loading and unloading operation both by crane and by pushing off

In the case of imports all equipments materials shall be suitably packed in weather proof

seaworthy packing for ocean transport under tropical conditions and for rail or road or other appropriate transport in India The packing shall be strong and efficient enough to ensure safe preservance upto the final point of destination

RawSolid wood packaging material of imported items has to be appropriately treated amp

marked as per International Standard of Phytosanitary Measures (ISPM-15) for material originating from the contracting countries to the International Plant Protection Convention or the members of Food amp Agriculture Organization Material from non-contracting parties would have to be accompanied by a phytosanitary certificate of the treatment endorsed The Custom Officer at Indian Port shall not release the material without appropriate compliance of the above provisions wef 01112004

1512 The packing specification incorporated herein are supplementary to the internal and

external packing methods and standards as per current general rules of JRA Good Tariff Part-I All packaging shall be done in such a manner as to reduce volume as much as possible

1513 Fragile articles should be packed with special packing materials depending on the type of

Materials and the packing shall bear the words HANDLE WITH CARE GLASS FRAGILE DONT ROLL THIS END UP THIS END DOWN to be indicated by arrow

1514 Chemicals in powder form catalyst refractories and like materials etc shall be packed in

drums cans and tins only However Catalyst may be supplied in Jumbo bags

24 | P a g e

1515 The hazardous materials shall be packed in accordance with the applicable rules regulations and tariff of all cognizant Government Authorities and other Governing bodies It shall be the responsibility of the seller of hazardous materials to designate the material as hazardous and to identify each material by its proper commodity name and its hazardous material class code

1516 All packages requiring handling by crane should have sufficient space at appropriate place

to put sling of suitable dia (strength) IronSteel angle should be provided at the place where sling marking are made to avoid damage to package equipment while lifting

1517 Item shipped in bundles must be securely tied with steel wire or strapping Steel reinforcing

rods bars pipes structural members etc shall be bundled in uniform lengths and the weight shall be within the breaking strength of the securing wire or strapping

In the case of imports for bundles the shipping marks shall be embossed on metal or

similar tag and wired securely on each end 1518 All delicate surfaces on equipment materials should be carefully protected and printed

with protective paintcompound and wrapped to prevent rusting and damage 1519 All mechanical and electrical equipment and other heavy articles shall be securely fastened

to the case bottom and shall be blocked and braced to avoid any displacement shifting during transit

15110 Attachments and spare parts of equipment and all small pieces shall be packed separately

in wooden cases with adequate protection inside the case and wherever possible should be sent along with the main equipment Each item shall be suitably tagged with identification of main equipment item denomination and reference number of respective assembly drawing Each item of steel structure and furnaces shall be identified with two erection markings with minimum lettering height of 15mm Such markings will be followed by the collection numbers in indelible inkpaint A copy of the packing list shall accompany the materials in each package

15111 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted

wooden disc on the flanges All nozzles holes and openings and also all delicate surfaces shall be carefully protected against damage and bad weather All manufactured surfaces shall be painted with rust proof paint

In the case of imports for bulk uniform material when packed in several cases progressive

serial numbers shall be indicated on each case 15112 Wherever required equipment materials instruments shall be enveloped in polythene

bags containing silicagel or similar dehydrating compound

15113 Pipes shall be packed as under (a) Upto 50mm NB in wooden cases crates (b) Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimum

three places (c) Above 100mm NB in loose

25 | P a g e

15114 Pipes and tubes of stainless steel copper etc shall be packed in wooden cases irrespective of their sizes

15115 Pipes with threaded or flanged ends shall be protected with suitable caps covers before

packing In the case of imports all pipes and sheets shall be marked with strips bearing progressive no

15116 Detailed packing list in waterproof envelope shall be inserted in the package together with

equipmentmaterials One copy of the detailed packing list shall be fastened outside of the package in waterproof envelope and covered by metal cover

15117 The supplier shall be held liable for all damages or breakages to the goods due to the

defective or insufficient packing as well as for corrosion due to insufficient protection 15118 Packaged equipment or materials showing damage defects or shortages resulting from

improper packaging materials or packing procedures or having concealed damages or shortages at the time of unpacking shall be to the supplierrsquos account

All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearly indicated and marked ldquoATTENTION SPECIAL LOAD HANDLE WITH CARErdquo both in English Hindi Languages

In the case of imports a distinct colour splash in say red black around each package crate

bundle shall be given for identification 15119 Along with the packed material supplier should attach material list manualsinstructions

and also the Inspection certificate release note wherever applicable 152 MARKING The following details to be written on the side face of packing

a) Purchase Order Number b) Vendor Name c) Batch no with manufacturing date d) Procedure (in brief) for handling e) Date of dispatch etc

153 IMPORTED ITEMS On three sides of the packages the following marks shall appear clearly

visible with indelible paint and on Vendors care and expenses

BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions) From To Bharat Petroleum Corporation Limited (With detailed address as given in Special Purchase Conditions) Order No Rev No Item Equipment Nomenclature Net weight Kgs

26 | P a g e

Gross weight Kgs Case No of Total cases Dimensions Import License No NOTE Marking shall be bold - minimum letter height 5 cm For every order and every shipment packages must be marked with serial progressive numbering Top heavy containers shall be so marked either Top Heavy or Heavy Ends When packing material is clean and light coloured a dark black stencil paint shall be acceptable However where packaging material is soiled or dark a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings In case of large equipments like vessels heat exchangers etc the envelope containing the documents shall be fastened inside a shell connection with an identifying arrow sign documents using indelible paint

16 DELIVERY 161 Unless otherwise mentioned Vendor is requested to quote their best delivery schedule

from the date of receipt of Purchase order 162 Time being the essence of this contract the delivery mentioned in the purchase order shall

be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner Goods should be delivered securely packed and in good order and condition at the place of delivery and within the time specified in the purchase order for their delivery

163 The contractual delivery period is inclusive of all the lead time for engineering

procurement of raw material the manufacturing inspection testing packing transportation or any other activity whatsoever required to be accomplished for affecting the delivery at the required delivery point

164 Unless otherwise specified Material(s) shall not be despatched without prior inspection

andor testing and Release OrderMaterial(s) Acceptance Certificate issued by the Inspector(s)

165 BPCL shall have the right to advise any change in despatch point or destination in respect

of any Material(s) Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence will be reimbursed to the Vendor by BPCL

17 UNLOADING AND STACKING

Unloading and stacking will be arranged by BPCL The Vendor shall send BPCL information of the proposed consignment well in advance by telegramfaxe-mailcourier to enable BPCL to take necessary action

18 TRANSIT INSURANCE

27 | P a g e

Unless otherwise mentioned 181 Transit Insurance shall be in the vendorrsquos scope in the case of inland transportation of

goods 182 In the case of imports insurance against all marine and transit risk shall be covered under

the Owners marine policy However the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carriers responsibility is fully retained on the Carriers so that the consignees interests are fully secured and are in no way jeopardized

182 The Vendor shall send BPCL information of the proposed consignment well in advance by

faxe-mailcourier to enable BPCL to take necessary action for the transit insurance of the consignment Any failure by the Vendor to do so shall place the consignment at the Vendorrsquos risk

183 In the case of imports as soon as any shipment is made the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Limited (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments vessels name port of shipment bill of lading number and date total FOB and freight value

19 VALIDITY OF OFFER

The rates quoted against this tender shall be valid for a period of 180 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions

20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 201 The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered

to on the clear understanding that the Price(s) of the Material(s) hashave been fixed with reference to the said Delivery date(s)

202 If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them

beyond the stipulated date(s) of Delivery the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay and shall promptly keep BPCL informed of all subsequent developments

203 The delivery period quoted must be realistic amp specific The inability of successful Vendors

to execute orders in accordance with the agreed delivery schedule will entitle BPCL at its options to

2031 Accept delayed delivery at prices reduced by a sum equivalent to half percent (05) of the

basic value of any goods not delivered for every week of delay or part thereof limited to a maximum of 5 of the total basic order value LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract Date of receipt of materials at ownerrsquos premises shall be considered for calculation of price reduction for FOR destination contract

In the case of imports the contractual delivery date shall be considered from the date of Letter of Credit (LC) or the date of LC amendment because of Buyerrsquos fault plus one week

28 | P a g e

(to take care of transit time for receipt of LC) plus the delivery schedule as indicated by the vendors

In case of the shipment taking place on ldquoCash against documentsrdquo the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period

Further the date of BL or House airway bill shall be considered to find out the delay with respect to contractual delivery date In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any So vendor shall inform the readiness of material for shipment on FOB (Free on Board) basis FCA (Free on Carrier) basis

2032 Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor without prejudice to its right under 2031 above in respect of goods delivered

21 RISK PURCHASE CLAUSE

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms amp conditions of the order BPCL also reserves the right to procure the same or similar materialsequipment through other sources at vendors entire risk cost and consequences Further the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement

22 FORCE MAJEURE Circumstances leading to force majeure (a) Act of terrorism

(b) Riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection of military or usurped power (c) Ionising radiation or contamination radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component

(d) epidemics earthquakes flood fire hurricanes typhoons or other physical natural disaster but excluding weather conditions regardless of severity and

(e) freight embargoes strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract For the avoidance of doubt inclement weather third party breach delay in supply of materials (other than due to a nationwide transportersrsquo strike) or commercial hardship shall not constitute a Force Majeure event bull Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

3 | P a g e

S No Tender clause No BPCL Specifications amp Requirement

Your deviations comments justifications

6 Bank Details for SFMS Bank Guarantee (EMDPBG)

As per the approved process Bank has to confirm whether the BG is issued by them based on BPCLs request This is to ensure the authenticity of BG received at our end However Banks may delay the response which results in delayed vendor payments against BG In order to overcome this difficulty BPCL has tied up with SBI for obtaining Bank Confirmation of BG issuance through Structured Financial Messaging System (SFMS) platform

Following are the features of Bank Confirmation of BG in SFMS Platform 1) Bidder shall provide BPCLrsquos Bank Account No amp IFSC Code ( Details given below) to their

Bank at the time of application for Bank Guarantee in favour of BPCL 2) Issuing Bank shall issue the Bank Guarantee amp send SFMS message to BPCL Bank

confirming the Bank Guarantee as genuine 3) BPCLrsquos Bank (SBI) shall in turn send the said SFMS message to BPCLrsquos dedicated email ID

basis which BPEC shall consider the said Bank Guarantee as verified by Bank 4) Once the above process is completed BPEC Team shall proceed with the release of

payment to vendors which is due against the said Bank Guarantee

Hence all the bidders are requested to submit SFMS Bank Guarantee BPCLs Bank Details for issuance of SFMS Bank Guarantee are as follows

Name of Bank State Bank of India Branch CAG Branch Mumbai Account No 11083980831 IFSC Code SBIN0009995

7 This tender document consists of the following annexures which are enclosed

Sr No

Description Page no

Bidding Form provided in the E-Tender

Part 1 Techno-Commercial Bid

1 Notice Inviting Tender (NIT)

2 For information and acceptance only

2 General Instructions to bidders for e-tendering

13 For information and acceptance only

3 General Purchase Conditions (GPC)

15 For information and acceptance only

4 Formats for Bank Guarantee for PBG

35 For information and acceptance only

5 Special Purchase Conditions (SPC)

37 Mandatory Bidding form is provided in the E-tender for bidding Please ensure that you mention all the detailsacceptance pointwise including the delivery period Any deviation to the commercial terms should be mentioned in the bidding form provided for Deviations only

4 | P a g e

6 Bid Qualification Criteria 41 Mandatory Bidding form is provided in the E-tender for comments and uploading necessary documents as per criteria duly verified in the given tender format

7 Format for Undertaking for Holiday Listing and Liquidation status

43 Mandatory Bidding form is provided in the E-tender for uploading a duly signed copy in the given tender format on bidders letterhead

8 Format for TPIA certificate

44 Tender format for TPIA certificate to be submitted for BQC Criteria

11 Format for supply quantity

57 Tender format Supply Capability certificate to be submitted for BQC Criteria

12 PPLC policy document E-tender

Annexure and Bidding form for PPLC document to be submitted for claiming the Purchase preference as per tender terms

13 Vendor Master Details E-tender

Mandatory Bidding form is provided in the E-tender for bidding Please ensure that you mention all the detailsdocumentacceptance pointwise In case you are already have a BPCL vendor code please mention the same on your letter head and upload

14 Relationship with BPCL Directors

E-tender

Mandatory Bidding form is provided in the E-tender for bidding Please ensure that you mention all the detailsdocumentacceptance pointwise

15 Technical SpecificationsData Sheets of the tendered items

E-tender

Mandatory Bidding form is provided in the E-tender for bidding PDF document uploaded separately for reference Please ensure that you mention all the detailsacceptance pointwise Any deviation to the technical specifications should be mentioned in the bidding form provided for Deviations only

16 Form for Deviations (if any)

E-tender

Mandatory Bidding form is provided in the E-tender for bidding Please ensure that all your deviations are mentioned here only Any deviation mentioned elsewhere shall not be considered in the evaluation

Part 2 Price bid Price bid shall have to be submitted online in the respective price bid forms provided in the tender

16 Price bid form (Bidding form is provided in the E-tender)

E-tender

Mandatory Bidding form is provided in the E-tender for bidding Please ensure that all your prices are mentioned here only Any pricescosts mentioned elsewhere shall not be considered in the evaluation PDF document enclosed separately for reference

NOTE 1 In case of a dispute between the General Purchase Conditions and Special Purchase Conditions the Special Purchase Conditions shall prevail

2 A Mandatory Bidding form for acceptance of entire tender document is provided in the E-tender Kindly ensure that you accept the same

5 | P a g e

8 All the documents associated with Techno-Commercial bid (consisting of all the afore-mentioned Annexures and documents uploaded) and price bid shall form the part of the tender The entire bid shall be submitted online only General Instructions to bidders for e-tendering are as given in this tender Offers should strictly be in accordance with the tender terms amp conditions and our specifications Bidders are requested to carefully study all the documentsannexure and understand the conditions and specifications before quoting the rates and submitting this tender In case of any doubt the written clarifications should be obtained through email only before the Pre-Bid meeting on 12022020 1100 HRS IST but this shall not be a justification for request for extension of due date for submission of bids

9 Bidders shall also have to essentially sign and upload an Undertaking for Holiday listing and Liquidation status in the tender format for participating in this tender

10 Your online bid should be submitted on or before the due date of this tender viz 24022020 1500 HRS IST

11 Materials are required to be supplied as specified in the tender document specifications Bill

of quantities The details of specifications of materials required to be procured is enclosed along with this tender document Vendor is requested to submit their bids taking full notice of all the technical specifications terms and conditions forms amp attachments to this tender Bids must be through e-tendering system only and must be filled up by the authorized and competent authority of your firm

12 This is an e-tender Please visit the website httpsbpcleprocin for participating in this tender and submitting your Techno-commercial and Price bids online The bid documents are to be submitted online thru e-proc portal only All the bids shall be opened online CorrigendumAddendums if any will be provided against e-tender on bpcl e-proc site only

13 The e-tender is floated in Two Part Bid through E-Tender system consisting of Bid Qualification Criteria (BQC) Technical plus Commercial and Price Bids all floated together Each page of bid documents meant for uploading by the bidder is to be duly signed amp stamped before uploading the same Information pertaining to Particulars of Tenderers and Relationship with Directors and unpriced bids shall have to be filled online

14 Price bid is enclosed with this e-tender document Price bid shall have to be submitted online in the appropriate forms provided

15 Bidder should qualify in BQC Technical amp Commercial bids in order that their price bid can be

opened Bid Qualification Criteria Technical amp Commercial evaluation will be carried out before price bid opening Only Price bids of those bidders who qualify in the BQC Technical amp Commercial bids will be opened

16 The Vendors shall be in a position to produce further information as and when required by BPCL BPCL at its discretion reserves the right to verify information submitted and inspect the manufacturer facilities to confirm their capabilities The vendors should have required clearance from all statutory authorities as applicable

17 The placement of orders amp further activities pertaining to orders fulfilment will be undertaken by the user department

6 | P a g e

18 The bids submitted should be valid for Six months from the due date of tender for our acceptance A bid valid for a shorter period shall be considered as non-responsive and rejected by the Owner Notwithstanding above the Owner may solicit the Bidder consent to an extension of the period of bid validity The request and the responses thereto shall be made in writing

19 Once the offer is accepted it will remain firm till completion of contractsorders

20 Bids should be submitted positively by the due time amp date as mentioned in this tender The e-portal system time in Indian Standard time will be the time to be considered

21 We request the bidder to carefully go through all tender documents before submitting the offer Please note that any exceptions or deviations to the tender document is necessarily to be recorded in the deviation statement attached only Any exceptionsdeviations brought out elsewhere in the bid shall not be considered

22 The bidders may be invited for a presentation to BPCL during techno-commercial evaluation before price bid opening

23 The bidders to provide their bank details PAN tax Registration numbers as applicable for updating vendor master file You are also requested to keep us informed of any change in address status of your business contact details including email address etc

24 GOVERNING LAWS The laws of Union of India shall govern all matters concerning the tender Any issue arising related to the tender or the selection process shall be adjudged by the courts in Mumbai India

25 BPCL alone reserves the right to accept or reject any or all tenders received at its absolute discretion without assigning any reason whatsoever

26 A Pre-bid meeting is scheduled at the office of BPCL Sewree Mumbai All prospective bidders can participate in the same

27 The purpose of the pre-bid meeting is to clarify any doubts of the BIDDER on the interpretation of the provisions of tender

28 Bidder(s) are requested to submit their queries mentioning form name clause no amp clause

by a letter e-mail to our office as per schedule in order to have fruitful discussions during the meeting

29 All the Bidder(s) are requested to attend the pre-bid meeting to be held at BPCL Office as per schedule

30 Earnest Money Deposit (EMD) ( also referred to as Bid SecurityEMD) You shall be required to submit the Earnest Money Deposit (EMD) as mentioned in tender if applicable in physical form by the way of demand draft or bank guarantee drawn on any Nationalised or scheduled bank in favour of Ms Bharat Petroleum Corporation Ltd and payable at Mumbai at our office in a sealed cover addressed to Procurement Leader Gr 3 with following boldly super-scribed on the outer cover CRFQ number

7 | P a g e

Item Closing dateTime Name of the tenderer It should be sent by Registered PostCourier to the following address so as to reach before the due date amp time of the tender BPCL will not be responsible for non-receipt of instrument(s) due to postal delayloss in transit etc for any reason what-so-ever Bid received without the EMD if applicable is liable to be rejected A photocopy of the instrument of EMD to be duly signed amp stamped and uploaded against relevant heading in tender Office Address CPO-MKTG Bharat Petroleum Corp Ltd lsquoArsquo Installation Sewree Fort Road Sewree-East Mumbai-400015 The Bid SecurityEMD is required to protect the Owner against the risk of Bidderrsquos conduct which would warrant the security forfeiture The bids without requisite EMD will not be considered and bids of such bidder Bidder(s) shall be rejected The bidders not submitting EMD by due time amp date shall be rejected amp their bids shall not be evaluated further Firms registered with National Small Scale Industries Corporation (NSIC) Ministry of MSME of India for the item in tender are exempted from submission of Bid SecurityEMD All bidders quoting as MSE should submit a CA certificate issued by a CA on his letter head along with MSE doc (UAMEMIINSIC) to avail the benefits of Public Procurement Policy as per MSMED Act 2006Public Procurement Policy Order 2012 In case CA certificate is not submitted bid of the vendor shall be rejected at EMD stage Please note the below further points with respect to same 1) Bidder shall have to upload scanned copy of CA certificate with stamp of TPIA mentioning as verified from original Thereupon L1 bidders shall submit the hard copy of CA certificate certified by TPIA to BPCL within 7 days of opening of price bid 2) The CA certificate should be dated after the date of floating of tender and shall be specific to the tender for which bid is being submitted 3) Format of the CA certificate is attached for reference and bidder needs to submit certificate strictly in this format else bid shall be rejected Bidders are advised to instruct their banks not to post EMD directly to Owner as the same has to be submitted to us before e-bid submission due time amp date The Bid SecurityEMD may be forfeited i) If a Bidder withdrawsalters his bid during the period of bid validity or ii) In the case of a successful Bidder if the Bidder fails or refuses to accept the contractPurchase Order in accordance with agreed terms and conditions or iii) If a Bidder changes the proposed manufacturer after submission of Bid Unsuccessful Bidders Bid SecurityEMD without any interest will be discharged returned as promptly as possible as but not later than 60 days after the expiry of the period of bid validity prescribed by the Owner The successful Bidderrsquos Bid SecurityEMD if any without any interest will be discharged upon the Bidder accepting the contract

8 | P a g e

EMD by way of DD or Bank Guarantee shall be submitted by all bidders (including Bidders registered with BPCL) Exemption for this would be in line with govt policy for MSENSIC Vendors

31 The bidder shall bear all costs associated with the preparation and submission of the bid and

BPCL will in no case be responsible or liable for these costs regardless of the conduct or outcome of the bidding process

32 BPCL is not responsible for any delays from bidder end

33 BPCL reserves the right to make any changes in terms and conditions of tender before due date of bid submission and to reject any or all bids received incomplete BPCL reserves the right to change the quantity tendered

34 BPCL reserves their right to negotiate the quoted prices with lowest bidder

35 Vendors would be qualified based on data and documents provided by them and based on information available with BPCL with regard to their credentials Owner decision on any matter regarding short listing of vendors shall be final and any bidder shall not enter into any correspondence with owner unless asked for

36 The vendors who are on holiday list by BPCL MOPNG Oil Public Sector Undertaking (PSU) will not be considered

37 Tenderers shall also have to essentially sign an Integrity Pact (IP) for participating in this tender The salient points to be noted in regard to IP are Proforma of Integrity Pact shall be uploaded by the Tenderer along with the bid documents duly signed by the same signatory who is authorized to sign the bid documents All the pages of the Integrity Pact shall be duly signed Tendererrsquos failure to upload the IP duly signed along with the bid document shall result in the bid not being considered for further evaluation If the tenderer has been disqualified from the tender process prior to the award of the contract in accordance with the provisions of the Integrity Pact BPCL shall be entitled to demand and recover from Tenderer Price reduction amount by forfeiting the EMDPerformance Guarantee as per provisions of the Integrity Pact If the contract has been terminated according to the provisions of the Integrity Pact or if BPCL is entitled to terminate the contract according to the provisions of the Integrity pact BPCL shall be entitled to demand and recover from contractor Price reduction amount by forfeiting the Performance Guarantee amount as per provisions of the Integrity Pact Tenderers may raise disputescomplaints if any with the nominated Independent External Monitor

38 All the tender documents and Annexures Techno-commercial details and Price Bids shall be required to be digitally signed with a class IIB or above digital signature by the authorized signatory The authorized signatory shall be

I Proprietor in case of proprietary concern II Authorized partner in case of partnership firm

III Director in case of a limited Company duly authorized by its board of directors to sign

9 | P a g e

IV If for any reason the proprietor or the authorized partner or director as the case may be are unable to digitally sign the document the said document should be digitally signed by the constituted attorney having full authority to sign the tender document

39 Online submission of the tender shall be considered as token of having read understood and

totally accepted all the terms and conditions

40 The bidder is expected to examine all instructions forms attachments terms and specifications in the tender document The entire tender document together with all its attachments thereto shall be considered to be read understood and accepted by the bidder unless deviations are specifically stated seriatim by the bidder Failure to furnish all information required in the tender document or submission of a bid not substantially responsive to the tender documents in every respect will be at bidders risk and may result in the rejection of his bid

41 Bidders in their own interest shall ensure that they submit their e-bid complete in all respects well within the specified bid due date and time No relaxation shall be given for delay due to any unforeseen event in submission of bid

42 At any time prior to the bid due date we may for any reason whether at its own initiative or in response to a clarification requested by a prospective Bidder modify the Bid Document The amendment will be notified through e tender portal to all prospective Bidders and will be binding on them In order to afford prospective Bidder reasonable time to take the amendment into account in preparing their bids we may at our discretion extend the bid due date

43 The bid prepared by the Bidder and all correspondence drawings and documents relating to the bid exchanged by Bidder and the Owner shall be written in ENGLISH language provided that any printed literature furnished by the Bidder may be written in another language so long as accompanied by an ENGLISH translation in which case for the purpose of interpretation of the bid the ENGLISH translation shall govern

44 Declaration with the bid qualification criteria that bidder has not been banned or delisted by any Government or quasi Government agencies or Public Sector Undertaking (PSU) as per declaration format (provided as attachment under declaration format) of the tender document should be downloaded amp then suitably filled signed stamped amp uploaded against relevant heading

45 Bidders are advised to submit bids based strictly on the terms amp conditions and specifications contained in the tender document and not to stipulate any deviations Each Bidder shall submit only one bid A Bidder who submits more than one bid will be rejected

46 The Owner may at its discretion extend the bid due date in which case all rights and obligations of the Owner and the Bidders previously subject to the bid due date shall thereafter be subject to the new bid due date as extended

47 TelexTelefax E-mailpostal offers will not be considered and shall be rejected

48 No bid shall be modified subsequent to the due date amp time or extension if any for submission of bids Bidder(s) to note that Price changes after submission of bid shall not be allowed In case any bidder gives revised pricesprice implication his bid shall be rejected No bid shall be

10 | P a g e

allowed to be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder Withdrawal of a bid during this interval shall result in the forfeiture of Bidders EMD No suo motu reduction in prices quoted by bidder shall be permitted after opening of the bid If any bidder unilaterally reduces the prices quoted by him in his bid after opening of bids the bid (s) of such bidder(s) will be liable to be rejected Such reduction shall not be considered for evaluation of prices but shall be binding on the bidder in case he happens to be a successful bidder for award of work

49 Bids that do not meet the Bid qualification criteria as specified in the bid document shall be rejected A bid with incomplete scope of work andor which does not meet the technical requirements as specified in the bid document shall be considered as non-responsive and rejected Conditional bids will be liable for rejection

50 The Owner will examine the bids to determine whether they are complete whether any computational errors have been made whether the documents have been properly signed and whether the bids are generally in order

51 The experience details and financial amp technical capabilities of the Bidder(s) shall be examined to determine whether the Bidder(s) offer meets the Bid Qualification criteria mentioned To assist in the examination evaluation and comparison of Un-priced bids the Owner may at its discretion ask the Bidder clarifications on the bid The request for such clarifications and the response thereto shall be in writing Prior to the evaluation and comparison of the bid the Owner will determine the substantial responsiveness of each bid to the bidding documents

52 Prior to the expiration of period of bid validity the Owner will notify the successful Bidder in writing or by email that his bid has been accepted The Notification of Award will constitute the formation of the Contract Delivery Period shall be counted from the date of notification of award (LetterFaxe-mail of Intent)

53 Any efforts by a Bidder to influence the Owner in the Owner bid evaluation bid comparison or contract award decisions may result in the rejection of their bid

54 VERIFICATION BY OWNER All statements submitted by Bidder regarding experience manpower availability equipment and machinery availability etc are subject to verification by the Owner either before placement of order or after placement of order If any data submitted by the Bidder at the bid stage is found to be incorrect the offer is liable to be rejected or the Contractorder is liable to be terminated

55 The relevant WCTTDS if amp as applicable will be deducted from the charges quoted by the successful bidder

56 It is for the Bidder to assess and ascertain the Tax rate applicable on quoted items It is clearly understood that Owner will not have any additional liability towards payment of taxdutycess which is based on Bidders wrong assessment interpretation of applicability of such taxdutycess For Services such as installation commissioning activities bidderrsquos quoted prices shall be inclusive of taxes applicable till complete execution of the ordercontract and Owner shall not have any liabilities whatsoever on this account Variation for any reason including Statutory levies will be vendorrsquos account Bidder shall quote rate of Tax on the quoted charges Bidder shall ensure that invoice(s) shows the tax component separately and is issued in accordance with the applicable Tax Rules Octroi Entry tax if applicable in India shall be directly paid by the vendor which shall be reimbursed by Owner at actuals on

11 | P a g e

submission of documentary proof BPCL shall not be liable in case the tax authorities assess the tax elements in a different way on account of any reason whatsoever Taxes and duties other than those specified in this document if any shall be included in the quoted prices and no reimbursement shall be made by BPCL Ownerrsquos liability with respect to taxes and duties will be restricted to the Tax as quoted by the bidder Any new or additional taxes or duties levied by statutory authorities during contract shall be borne by the bidder

57 ISSUE OF CONTRACT PURCHASE ORDER After the successful Bidder has been notified that his bid has been accepted the Owner will send to such Bidder a detailed contractPurchase Orders incorporating all the terms and conditions agreed between the parties Within 7 days of receipt of the detailed contract Purchase Order the Bidder shall sign and return to the Owner the duplicate copy of the contractorder as a token of their Acknowledgement The contract will be issued by CPO (M) dept amp call-off orderspurchase orders by EampP dept of BPCL

58 Grievance Redressal Mechanism Bharat Petroleum Corporation Limited (BPCL) has developed the Grievance Redressal Mechanism to deal with references grievances if any that is received from bidders who participated intends to participate in the Corporation tender The details of the same are available on our website wwwbharatpetroleumin

59 It shall be understood that every endeavour has been made to avoid errors which can materially affect the basis of the tender and the successful vendor shall take upon himself and provide for risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof

60 In case a Start-up is interested in supplying a tendered item but does not meet the Pre-

Qualification Criteria(PQC)Proven Track Record (PTR) of prior Turnover norm as indicated in the tender document the Start-up may be requested to write a detailed proposal separately and not against the present tender requirement to the tender issuing authority about its product Such proposal should be accompanied by relevant documents in support of Start-ups as under

I Certificate of Recognition issued by Department of Industrial Policy and Promotion (DIPP) Ministry of Commerce and Industry GOI

II Certificate of Incorporation Registration III Audited PampL Statement of all the financial years since incorporation IV In case where balance sheet has not been prepared bidder shall submit a certificate

in Original from its CEOCFO stating the turnover of the bidding entity separately for each Financial Year Since incorporation along with declaration stating the reason for not furnishing the audited PampL statement The Certificate shall be endorsed by Chartered Accountant Statutory Auditor

61 By submitting the bid the bidder undertakes as under

Iwe hereby undertake that the statements made hereininformation given in the bids through e-tendering systemannexuresformsuploaded documents referred are true in all respects and that in the event of any such statement or information being found to be incorrect in any particular the same may be construed to be a misrepresentation entitling BPCL to avoid any resultant contract Iwe further undertake as and when called upon by BPCL to produce for its inspection original(s) of the document(s) of which copies have been annexed hereto

12 | P a g e

62 For any clarification on e-tendering training uploading of document on e-procurement site please contact our service provider Ms E-procurement Technology Ltd on below numbers Phone 02224176419 E-mailsupportbpcleprocinmumbaisupporteptlin HELP DESK NOS 91-79-40016848 40016818

63 For any queries clarifications on tender technical specifications commercial points and

other terms and conditions of the tender please contact as under- Mr Seema Khadase Asst Manager Procurement CPO (MKTG) CONTACT NO 91-22-24176405 8879222134 (M) EMAIL seemakhadasebharatpetroleumin

64 In case you are not satisfied with the clarification of doubts you may escalate the query

To MrAjoy Sarkar Procurement Leader CPO (MKTG) CONTACT NO 91-22-24176412 9819971906 (M) EMAIL sarkarabharatpetroleumin

65 Office Address CPO-MKTG Bharat Petroleum Corp Ltd lsquoArsquo Installation Sewree Fort Road

Sewree-East Mumbai-400015 66 Contact details of Independent External Monitors (IEM) for Complaints and Disputes

regarding the tender only

Shri Vikram Srivastava Shri Virendra Bahadur Singh Shri Anupam Kulshreshtha

ADDRESS ADDRESS ADDRESS

E-202 Second Floor Greater Kailash Part 2 New Delhi - 110048

HNo B-564 Vineet Khand Gomati Nagar Lucknow - 226010

B-33 lsquoYarrows Apartmentsrsquo

Plot C-585 Sector 62

Noida UP -201309

vikramsrivastava1973gmailcom vbsinghipsgmailcom Anupam8gmailcom

Mob No 09810642323 Mob No 8853760730 Mob No 9968281160

Thanking you Yours faithfully for Bharat Petroleum Corporation Ltd Ajoy Sarkar Procurement Leader

13 | P a g e

General Instructions to bidders for e-tendering

1 Interested parties may download the tender from BPCL website (httpwwwBharatpetroleumin) or the CPP portal (httpeprocuregovin) or from the e-tendering website (httpsbpcleprocin) and participate in the tender as per the instructions given therein on or before the due date of the tender The tender available on the BPCL website and the CPP portal can be downloaded for reading purpose only For participation in the tender please fill up the tender online on the e-tender system available on httpsbpcleprocin 2 For registration on the e-tender site httpsbpcleprocin you can be guided by the ldquoInstructions to Vendorsrdquo available under the download section of the homepage of the website As the first step bidder shall have to click the ldquoRegisterrdquo link and fill in the requisite information in the ldquoBidder Registration Formrdquo Kindly remember your e-mail id (which will also act as the login ID) and the password entered therein Once you complete this process correctly you shall get a system generated mail Login in to the portal using your credentials When you log in for the first time system will ask you to add your Digital Signature Once you have added the Digital Signature please inform us by mail to the vendor administrator vendoradminbpcleprocin with a copy to supportbpcleprocin for approval Once approved bidders can login in to the system as and when required 3 As a pre-requisite for participation in the tender vendors are required to obtain a valid Digital Certificate of Class IIB and above (having both signing and encryption certificates) as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCIA) Controller of Certifying Authorities (CCA) The cost of obtaining the digital certificate shall be borne by the vendor In case any vendor so desires he may contact our e-procurement service provider Ms E-Procurement Technologies Ltd Ahmedabad (Contact no Tel +91 79 4001 6868 for obtaining the digital signature certificate 4 Corrigendumamendment if any shall be notified on the site httpsbpcleprocin In case any corrigendumamendment is issued after the submission of the bid then such vendors who have submitted their bids shall be intimated about the corrigendumamendment by a system-generated email It shall be assumed that the information contained therein has been taken into account by the vendor They have the choice of making changes in their bid before the due date and time 5 Price bid of only those vendors shall be opened whose Techno-Commercial bid is found to be acceptable to us The schedule for opening the price bid shall be advised separately 6 Directions for submitting online offers electronically against e-procurement tenders directly through internet (i) Vendors are advised to log on to the website (httpsbpcleprocin) and arrange to register themselves at the earliest if not done earlier (ii) The system time (IST) that will be displayed on e-Procurement web page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance (iii) Vendors are advised in their own interest to ensure that their bids are submitted in e-Procurement system well before the closing date and time of bid If the vendor intends to changerevise the bid already submitted they shall have to withdraw their bid already submitted change revise the bid and submit once again In case vendor is not able to complete

14 | P a g e

the submission of the changedrevised bid within due date amp time the system would consider it as no bid has been received from the vendor against the tender and consequently the vendor will be out of contention The process of change revise may do so any number of times till the due date and time of submission deadline However no bid can be modified after the deadline for submission of bids (iv) Once the entire process of submission of online bid is complete they will get an auto mail from the system stating you have successfully submitted your bid in the following tender with tender details (v) Bids Offers shall not be permitted in e-procurement system after the due date time of tender Hence no bid can be submitted after the due date and time of submission has elapsed (vi) No manual bidsoffers along with electronic bidsoffers shall be permitted 7 For tenders whose estimated procurement value is more than Rs 10 lakhs vendors can see the rates quoted by all the participating bidders once the price bids are opened For this purpose vendors shall have to log in to the portal under their user ID and password click on the ldquodash boardrdquo link against that tender and choose the ldquoResultsrdquo tab 8 No responsibility will be taken by BPCL andor the e-procurement service provider for any delay due to connectivity and availability of website They shall not have any liability to vendors for any interruption or delay in access to the site irrespective of the cause It is advisable that vendors who are not well conversant with e-tendering procedures start filling up the tenders much before the due date time so that there is sufficient time available with himher to acquaint with all the steps and seek help if they so require Even for those who are conversant with this type of e-tendering it is suggested to complete all the activities ahead of time It should be noted that the individual bid becomes viewable only after the opening of the bid onafter the due date and time Please be reassured that your bid will be viewable only to you and nobody else till the due date time of the tender opening The non-availability of viewing before due date and time is true for e-tendering service provider as well as BPCL officials 9 BPCL andor the e-procurement service provider shall not be responsible for any direct or indirect loss or damages and or consequential damages arising out of the bidding process including but not limited to systems problems inability to use the system loss of electronic information etc In case of any clarification pertaining to e-procurement process and system related issues the vendor may contact Ms E-Procurement Technologies Ltd at contact no Tel +91 79 40270573 followed with an e-mail to id supportbpcleprocin

15 | P a g e

General Purchase Conditions The following conditions shall be applicable for all procurement unless specifically mentioned in the Special Purchase Conditions I N D E X 1 DEFINITIONS 2 REFERENCE FOR DOCUMENTATION 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER 4 LANGUAGE OF BID 5 PRICE 6 TAXES AND DUTIES 7 INSPECTION 8 SHIPPING 9 INDIAN AGENT COMMISSION 10 ORDER AWARD EVALUATION CRITERIA 11 CONFIRMATION OF ORDER 12 PAYMENT TERMS 13 GUARANTEEWARRANTY 14 PERFORMANCE BANK GUARANTEE 15 PACKING amp MARKING 16 DELIVERY 17 UNLOADING AND STACKING 18 TRANSIT INSURANCE 19 VALIDITY OF OFFER 20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 21 RISK PURCHASE CLAUSE 22 FORCE MAJEURE CLAUSE 23 ARBITRATION CLAUSE 24 INTEGRITY PACT (IP) 25 RECOVERY OF SUMS DUE 26 CONFIDENTIALITY OF TECHNICAL INFORMATION 27 PATENTS amp ROYALTIES 28 LIABILITY CLAUSE 29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT 30 COMPLIANCE OF REGULATIONS 31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT 32 NON-WAIVER 33 NEW amp UNUSED MATERIAL 34 PURCHASE PREFERENCE CLAUSE 35 CANCELLATION 36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION 37 ASSIGNMENT 38 GOVERNING LAW 39 AMENDMENT 40 NOTICES 41 POLICY ON HOLIDAY LISTING 42 ORDER OF PRECEDENCE FOR PURCHASES 43 TERMINATION FOR CONVENIENCE

16 | P a g e

GENERAL PURCHASE CONDITIONS 1 DEFINITIONS

The following expressions used in these terms and conditions and in the purchase order shall have the meaning indicated against each of these

11 OWNER Owner means Bharat Petroleum Corporation Limited (a Government of India

enterprise) a Company incorporated in India having its registered office at Bharat Bhavan 4 amp 6 Currimbhoy Road Ballard Estate Mumbai 400038 and shall include its successors and assigns (hereafter called BPCL as a short form)

12 VENDOR Vendor means the person firm or the Company Corporation to whom this

Request for quotation (RFQ)purchase order is issued and shall include its successors and assigns

13 INSPECTOR Person agency deputed by BPCL for carrying out inspection checkingtesting

of items ordered and for certifying the items conforming to the purchase order specifications

14 GOODS MATERIALS means any of the articles materials machinery equipments

supplies drawing data and other property and all services including but not limited to design delivery installation inspection testing and commissioning specified or required to complete the order

15 SITE LOCATION means any Site where BHARAT PETROLEUM CORPORATION LIMITED

desires to receive materials any where in India as mentioned in RFQ 16 ldquoRATE CONTRACTrdquo means the agreement for supply of goods materials between Owner

and Vendor for a fixed period of time (ie till validity of Rate Contract with no commitment of contractual quantity) on mutually agreed terms and conditions The actual supply of goods materials shall take place only on issue of separate purchase orders for required quantity as and when required by Owner

17 ldquoFIRM PROCUREMENTrdquo means the agreement between the parties for mutually agreed

terms and conditions with commitment of Quantity Ordered 2 REFERENCE FOR DOCUMENTATION 21 The number and date of Collective Request for Quotation (CRFQ) must appear on all

correspondence before finalization of Rate Contract Purchase Order 22 After finalization of Contract Purchase Order The number and date of Rate Contract

Purchase Order must appear on all correspondence drawings invoices dispatch advices (including shipping documents if applicable) packing list and on any documents or papers connected with this order

23 In the case of imports the relevant particulars of the import Licence shall be duly indicated in

the invoice and shipping documents as well as on the packages or consignments 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER

17 | P a g e

The right to accept the tender will rest with the Owner 4 LANGUAGE

The Bid and all supporting documentation and all correspondence whatsoever exchanged by Vendor and Owner shall be in English language only

5 PRICE

Unless otherwise agreed to the terms of the RFQ price shall be Firm and no escalation will be entertained on any ground except on the ground of statutory levies applicable on the tendered items

6 TAXES AND DUTIES All vendors shall have VAT CSTGSTService tax registration in the concerned State and vendor shall quote their TIN number in the quotation

61 EXCISE DUTY 611 Excise duty extra as applicable at the time of delivery within scheduled delivery period will

be payable by BPCL against documentary evidence Vendor shall mention in their offer the percentage of excise duty applicable at present Any upward variation in excise duty rates beyond the contractual delivery period shall be to vendorrsquos account

612 In case Excise Duty is not applicable at present Excise duty due to change in turn over is

not payable If applicable in future the same will be borne by vendor 613 Owner shall take CENVAT Credit on the material supplied for both excise duty and cess

component and accordingly Excise duty Cess should be quoted separately wherever applicable

Vendor shall ask the transporter of the goods to hand over the copy of excise invoice (transporterrsquos copy) at the time of delivery of goods at ownerrsquos site

62 SALES TAX VATGST 621 Sales Tax as applicable at the time of delivery within scheduled delivery period will be

payable by BPCL Vendor shall give details of local sales tax and or central sales tax currently applicable in their offer The rates applicable for ldquoCST without form Crdquo ldquoCST with form C and ldquoVATrdquo shall be clearly indicated

622 Input VAT Credit may be claimed by BPCL wherever applicable Vendor shall submit the

TAX invoice 63 SERVICE TAX All vendors shall have service tax registration wherever applicable BPCL

may also claim CENVAT Credit on service tax The vendor should quote service tax separately if applicable Vendor shall submit the TAX invoice Vendor is required to furnish serially numbered and signed invoice bill challan containing the following details

Name address and registration number of the service provider Name and address of person receiving taxable service Description classification and value of taxable service provided Service Tax Payable

18 | P a g e

64 FREIGHT AND OCTROI 641 Freight Firm freight charges to be quoted as indicated in the Tender documents Freight

shall be payable after receipt of the Material(s) at the site unless otherwise specified 642 Octroi and entry taxes if any shall be invoiced separately and shall be re-imbursed by BPCL

at actuals after receipt of the Material(s) at the Site against the submission of original documentary evidence for proof of payment of the related octroi and entry taxes as the case may be

65 NEW STATUTORY LEVIES All new statutory levies leviable on sale of finished goods to

owner if applicable are payable extra by BPCL against documentary proof within the contractual delivery period

66 VARIATION IN TAXES DUTIES Any increasedecrease in all the above mentioned

statutory levies on the date of delivery during the scheduled delivery period on finished materials will be on BPCLs account Any upward variation in statutory levies after contractual delivery date shall be to vendorrsquos account

67 INCOME TAX (WITHHOLDING TAX) In the case of availment of services from Non Resident

Vendors who are claiming benefits offered under the Double Taxation Avoidance Agreements signed by India with the Government of the other country (ie the country of the Vendor) such Non Resident Vendors are required to provide the Tax Residency Certificates at the time of submission of Bid documents The Tax Residency Certificates shall contain the following details

a) Name of Vendor (assessee) b) Status (Individual Company firm etc) of assessee c) Nationality (in case of individual) d) Country or specified territory of incorporation or registration (in case of others) e) Assessee lsquos tax identification number in the country or specified territory of residence

or in case no such number then a unique number on the basis of which the person is identified by the Government of the country or the specified territory

f) Residential status for the purpose of tax g) Period for which the certificate is applicable and h) Address of the applicant for the period for which the certificate is applicable

The Tax Residency Certificate shall be duly verified by the Government of the Country or the specified territory of the assessee of which the assessee claims to be a resident for the purposes of tax

7 INSPECTION 71 Materials shall be inspected by BPCL approved third party inspection agency if applicable

before dispatch of materials However arranging and providing inspection facilities is entirely vendorrsquos responsibility and in no way shall affect the delivery schedule

72 Scope of Inspection shall be as per RFQ Materials shall be inspected as per scope of

inspection by TPIAs which are registered under ldquoNABCB accredited bodies as per

19 | P a g e

requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of Goods The link is a below

httpnabcbqciorginaccreditationreg_bod_inspection_bodiesphp 73 Unless otherwise specified the inspection shall be carried out as per the relevant

standards scope of inspection provided alongwith the Tender EnquiryPurchase Order 74 BPCL may at its own expense have its representative(s) witness any test or inspection In

order to enable BPCLrsquos representative(s) to witness the tests inspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections

75 Even if the inspection and tests are fully carried out the Vendor shall not be absolved from

its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendorrsquos responsibility shall also not be anywise reduced or discharged because BPCL or BPCLrsquos representative(s) or Inspector(s) shall have examined commented on the Vendorrsquos drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s)

76 Although material approved by the Inspector(s) if on testing and inspection after receipt

of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

8 SHIPPING 81 SEA SHIPMENT All shipment of materials shall be made by first class direct vessels

through the chartering wing Ministry of Surface Transport as per procedure detailed hereunder The Foreign Supplier shall arrange with Vessels Owners or Forwarding Agents for proper storage of the entire Cargo intended for the project in a specific manner so as to faciliate and to avoid any over carriage at the port of discharge All shipment shall be under deck unless carriage on deck is unavoidable

The bills of lading should be made out in favour of `Bharat Petroleum Corporation Limited

or order

All columns in the body of the Bill of Lading namely marks and nos material description weight particulars etc should be uniform and accurate and such statements should be uniform in all the shipping documents The freight particulars should mention the basis of freight tonnage heavy lift charges if any surcharge discount etc clearly and separately The net total freight payable shall be shown at the bottom

SHIPPING DOCUMENTS All documents viz Bill of Lading invoices packing list freight

memos country of origin certificates test certificate drawings and catalogues should be in English language

20 | P a g e

In addition of the bill of lading which should be obtained in three stamped original plus as

many copies as required invoices packing list freight memos (if the freight particulars are not shown in the bills of lading) country of origin certificate test composition certificate shall be made out against each shipment in as many number of copies as shown below

The bill of lading invoice and packing list specifically shall show uniformly the mark and

numbers contents case wise country of origin consignees name port of destination and all other particulars as indicated under clause 2 The invoice shall show the unit rates and net total FOB prices Items packed separately should also be invoiced and the value shown accordingly Packing list must show apart from other particulars actual contents in each case net and gross weights and dimensions and the total number of packages All documents should be duly signed by the Vendorrsquos authorised representatives

In the case of FOB orders shipping arrangements shall be made by the Chartering Wing of

the Ministry of Surface Transport New Delhi through their respective forwarding agents The names and addresses of forwarding agents shall be as per Special Purchase Conditions Supplier shall furnish to the respective agents the full details of consignments such as outside dimension weights (both gross and net) No of packages technical description and drawings name of supplier ports of loading etc 6-weeks notice shall be given by the supplier to enable the concerned agency to arrange shipping space

The bill of lading shall indicate the following Shipper Government of India Consignee Bharat Petroleum Corporation Limited In case of supplies from USA Export Licences if any required from the American

Authorities shall be obtained by the US Suppliers If need be assistance for obtaining such export licences would be available from India Supply Mission at Washington

82 AIRSHIPMENT In case of Airshipment the materials shall be shipped through freight

consolidator (approved by us) The airway bill shall be made out in favour of BHARAT PETROLEUM CORPORATION LIMITED

TRANSMISSION OF SHIPPING DOCUMENTS Foreign Supplier shall obtain the shipping

documents in seven complete sets including three original stamped copies of the Bill of Lading as quickly as possible after the shipment is made and airmail as shown below so that they are received at least three weeks before the Vessels arrival Foreign Supplier shall be fully responsible or any delay and or demurrage in clearance of the consignment at the port due to delay in transmittal of the shipping documents

If in terms of letter or otherwise the complete original set of documents are required to

be sent to BPCL through Bank the distribution indicated below will confine to copies of documents only minus originals

Documents BPCL (Mumbai) Bill of Lading 4 (including 1 original) Invoice 4

21 | P a g e

Packing List 4 Freight Memo 4 Country of Origin Certificate 4 Third party inspection certificate 4 Drawing 4 Catalogue 4 Invoice of Third Party 4 for inspection charges whenever applicable

9 INDIAN AGENT COMMISSION

Any offer through Indian agents will be considered only after authorization mentioning them as Indian agents is received from Vendor Indian agents commission if applicable will be payable only in Indian currency Indian agents should be registered with Directorate General of Supplies and Disposals Government of India and agency commission will be payable only after registration with DGSampD New Delhi

10 ORDER AWARD EVALUATION CRITERIA

Unless otherwise specified Order award criteria will be on lowest quote landed price basis Landed price will be summation of Basic Price Packing amp Forwarding Charges Excise Duty Sales Tax Freight Inspection Octroi Supervision of Installation amp Commissioning and other taxes amp levies loading etc if any reduced by cenvatvat credit as applicable

11 CONFIRMATION OF ORDER

The vendor shall acknowledge the receipt of the purchase order within 10 days of mailing the same The vendor shall sign stamp the acknowledgement copy of the purchase order and return the same to BPCL

12 PAYMENT TERMS 121 Unless otherwise specified 100 payment shall be made within 30 days from date of

receipt and acceptance of materials at Site against submission of Peformance Bank Guarantee (PBG) for 10 of basic order value if PBG is applicable for the tender

122 In the case of imports payment will be made on submission of original documents directly

to Owner (Telegraphic Transfer-TT) or through Bank (Cash against documents-CAD) or through Irrevocable Letter of Credit

123 Unless otherwise mentioned the specified documents (All documents listed below (one

original and two copies) should be submitted to originator of PO (the name and contact details of whom are given in PO) and payments for despatches will be made by the originator of Purchase Order a) Invoice b) Excise invoice c) The Lorry Receipt of the consignment d) Packing list for the consignment e) Third Party Inspectorrsquos Certificate covering the invoiced Material(s) Release Note

wherever applicable f) Manufacturers TestComposition Certificate wherever applicable g) Drawing(s)Catalogue(s) covering the Material(s) wherever applicable h) GuaranteeWarranty Certificate(s) wherever applicable i) Original Receipt for Octroiother statutory levies as applicable

22 | P a g e

j) Performance Bank Guarantee as applicable 13 GUARANTEE WARRANTY 131 Materials shall be guaranteed against manufacturing defects materials workmanship

and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier Warranty for replacement of material accessories should be provided free of charges at our premises The above guaranteewarranty will be without prejudice to the certificate of inspection or material receipt note issued by us in respect of the materials In case the defect arises within the abovementioned Defect Liability Period (DLP) and the same is repairedreplaced the DLP for the repairedreplaced jobitem will be extended suitably so as to cover the original DLP However in no case such extension will exceed 24 months from date of start of initial DLP

132 All the materials including components and sub contracted items should be guaranteed by

the vendor within the warranty period mentioned above In the event of any defect in the material the vendor will replace repair the material at BPCLrsquos concerned location at vendorrsquos risk and cost on due notice

133 In case vendor does not replace repair the material on due notice rejected material will

be sent to the vendor on ldquoFreight to payrdquo basis for free replacement Material after rectification of defects shall be dispatched by the vendor on ldquoFreight Paidrdquo basis Alternatively BPCL reserves the right to have the material repaired replaced at the locations concerned at the vendorrsquos risk cost and responsibility

134 The Vendor shall provide similar warrantee on the parts components fittings accessories

etc so repaired and or replaced 14 PERFORMANCE BANK GUARANTEES 141 Vendor will have to provide Performance Bank Guarantee for 10 of the basic value of

purchase order unless otherwise specified This bank guarantee shall be valid (shall remain in force) for guarantee period (as mentioned in the guarantee clause) with an invocation period of six months thereafter In the case of Indigenous vendors the Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100) PBG format is as per Annexure-I

In case PBG is not provided by the Vendor 10 of the basic value shall be retained in lieu of PBG till the expiry of guarantee and claim period

In the case of imports the Supplier shall furnish the Performance Bank Guarantee (as per Annexure-I) through the following

(a) Branches of Indian scheduled banks operating in their Country (b) Foreign bank operating in their Country which is counter guaranteed by branches of

Indian scheduled banks operating in their Country India (c) Indian branches of foreign banks (d) Foreign bank operating in their Country counter guaranteed by their Indian branch

23 | P a g e

However in respect of (c) and (d) above the Indian branch of foreign banks should be recognized as scheduled bank by Reserve Bank of India

142 If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG (ie

PBG issued against every purchase call off order) then the validity of PBG will be calculated as mentioned below

1421 Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate Contract

Period (validity of Rate Contract) + Contractual Delivery Period of material + Contractual Guarantee period + 6 month (for invocation Claim)

143 You may use following Bank details for SFMS PBG

Name of Bank State Bank of India Branch CAG Branch Mumbai Account No 11083980831 IFSC Code SBIN0009995

15 PACKING amp MARKING 151 PACKING 1511 Packing shall withstand the hazards normally encountered with the means of transport for

the goods of this purchase order including loading and unloading operation both by crane and by pushing off

In the case of imports all equipments materials shall be suitably packed in weather proof

seaworthy packing for ocean transport under tropical conditions and for rail or road or other appropriate transport in India The packing shall be strong and efficient enough to ensure safe preservance upto the final point of destination

RawSolid wood packaging material of imported items has to be appropriately treated amp

marked as per International Standard of Phytosanitary Measures (ISPM-15) for material originating from the contracting countries to the International Plant Protection Convention or the members of Food amp Agriculture Organization Material from non-contracting parties would have to be accompanied by a phytosanitary certificate of the treatment endorsed The Custom Officer at Indian Port shall not release the material without appropriate compliance of the above provisions wef 01112004

1512 The packing specification incorporated herein are supplementary to the internal and

external packing methods and standards as per current general rules of JRA Good Tariff Part-I All packaging shall be done in such a manner as to reduce volume as much as possible

1513 Fragile articles should be packed with special packing materials depending on the type of

Materials and the packing shall bear the words HANDLE WITH CARE GLASS FRAGILE DONT ROLL THIS END UP THIS END DOWN to be indicated by arrow

1514 Chemicals in powder form catalyst refractories and like materials etc shall be packed in

drums cans and tins only However Catalyst may be supplied in Jumbo bags

24 | P a g e

1515 The hazardous materials shall be packed in accordance with the applicable rules regulations and tariff of all cognizant Government Authorities and other Governing bodies It shall be the responsibility of the seller of hazardous materials to designate the material as hazardous and to identify each material by its proper commodity name and its hazardous material class code

1516 All packages requiring handling by crane should have sufficient space at appropriate place

to put sling of suitable dia (strength) IronSteel angle should be provided at the place where sling marking are made to avoid damage to package equipment while lifting

1517 Item shipped in bundles must be securely tied with steel wire or strapping Steel reinforcing

rods bars pipes structural members etc shall be bundled in uniform lengths and the weight shall be within the breaking strength of the securing wire or strapping

In the case of imports for bundles the shipping marks shall be embossed on metal or

similar tag and wired securely on each end 1518 All delicate surfaces on equipment materials should be carefully protected and printed

with protective paintcompound and wrapped to prevent rusting and damage 1519 All mechanical and electrical equipment and other heavy articles shall be securely fastened

to the case bottom and shall be blocked and braced to avoid any displacement shifting during transit

15110 Attachments and spare parts of equipment and all small pieces shall be packed separately

in wooden cases with adequate protection inside the case and wherever possible should be sent along with the main equipment Each item shall be suitably tagged with identification of main equipment item denomination and reference number of respective assembly drawing Each item of steel structure and furnaces shall be identified with two erection markings with minimum lettering height of 15mm Such markings will be followed by the collection numbers in indelible inkpaint A copy of the packing list shall accompany the materials in each package

15111 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted

wooden disc on the flanges All nozzles holes and openings and also all delicate surfaces shall be carefully protected against damage and bad weather All manufactured surfaces shall be painted with rust proof paint

In the case of imports for bulk uniform material when packed in several cases progressive

serial numbers shall be indicated on each case 15112 Wherever required equipment materials instruments shall be enveloped in polythene

bags containing silicagel or similar dehydrating compound

15113 Pipes shall be packed as under (a) Upto 50mm NB in wooden cases crates (b) Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimum

three places (c) Above 100mm NB in loose

25 | P a g e

15114 Pipes and tubes of stainless steel copper etc shall be packed in wooden cases irrespective of their sizes

15115 Pipes with threaded or flanged ends shall be protected with suitable caps covers before

packing In the case of imports all pipes and sheets shall be marked with strips bearing progressive no

15116 Detailed packing list in waterproof envelope shall be inserted in the package together with

equipmentmaterials One copy of the detailed packing list shall be fastened outside of the package in waterproof envelope and covered by metal cover

15117 The supplier shall be held liable for all damages or breakages to the goods due to the

defective or insufficient packing as well as for corrosion due to insufficient protection 15118 Packaged equipment or materials showing damage defects or shortages resulting from

improper packaging materials or packing procedures or having concealed damages or shortages at the time of unpacking shall be to the supplierrsquos account

All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearly indicated and marked ldquoATTENTION SPECIAL LOAD HANDLE WITH CARErdquo both in English Hindi Languages

In the case of imports a distinct colour splash in say red black around each package crate

bundle shall be given for identification 15119 Along with the packed material supplier should attach material list manualsinstructions

and also the Inspection certificate release note wherever applicable 152 MARKING The following details to be written on the side face of packing

a) Purchase Order Number b) Vendor Name c) Batch no with manufacturing date d) Procedure (in brief) for handling e) Date of dispatch etc

153 IMPORTED ITEMS On three sides of the packages the following marks shall appear clearly

visible with indelible paint and on Vendors care and expenses

BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions) From To Bharat Petroleum Corporation Limited (With detailed address as given in Special Purchase Conditions) Order No Rev No Item Equipment Nomenclature Net weight Kgs

26 | P a g e

Gross weight Kgs Case No of Total cases Dimensions Import License No NOTE Marking shall be bold - minimum letter height 5 cm For every order and every shipment packages must be marked with serial progressive numbering Top heavy containers shall be so marked either Top Heavy or Heavy Ends When packing material is clean and light coloured a dark black stencil paint shall be acceptable However where packaging material is soiled or dark a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings In case of large equipments like vessels heat exchangers etc the envelope containing the documents shall be fastened inside a shell connection with an identifying arrow sign documents using indelible paint

16 DELIVERY 161 Unless otherwise mentioned Vendor is requested to quote their best delivery schedule

from the date of receipt of Purchase order 162 Time being the essence of this contract the delivery mentioned in the purchase order shall

be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner Goods should be delivered securely packed and in good order and condition at the place of delivery and within the time specified in the purchase order for their delivery

163 The contractual delivery period is inclusive of all the lead time for engineering

procurement of raw material the manufacturing inspection testing packing transportation or any other activity whatsoever required to be accomplished for affecting the delivery at the required delivery point

164 Unless otherwise specified Material(s) shall not be despatched without prior inspection

andor testing and Release OrderMaterial(s) Acceptance Certificate issued by the Inspector(s)

165 BPCL shall have the right to advise any change in despatch point or destination in respect

of any Material(s) Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence will be reimbursed to the Vendor by BPCL

17 UNLOADING AND STACKING

Unloading and stacking will be arranged by BPCL The Vendor shall send BPCL information of the proposed consignment well in advance by telegramfaxe-mailcourier to enable BPCL to take necessary action

18 TRANSIT INSURANCE

27 | P a g e

Unless otherwise mentioned 181 Transit Insurance shall be in the vendorrsquos scope in the case of inland transportation of

goods 182 In the case of imports insurance against all marine and transit risk shall be covered under

the Owners marine policy However the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carriers responsibility is fully retained on the Carriers so that the consignees interests are fully secured and are in no way jeopardized

182 The Vendor shall send BPCL information of the proposed consignment well in advance by

faxe-mailcourier to enable BPCL to take necessary action for the transit insurance of the consignment Any failure by the Vendor to do so shall place the consignment at the Vendorrsquos risk

183 In the case of imports as soon as any shipment is made the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Limited (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments vessels name port of shipment bill of lading number and date total FOB and freight value

19 VALIDITY OF OFFER

The rates quoted against this tender shall be valid for a period of 180 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions

20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 201 The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered

to on the clear understanding that the Price(s) of the Material(s) hashave been fixed with reference to the said Delivery date(s)

202 If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them

beyond the stipulated date(s) of Delivery the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay and shall promptly keep BPCL informed of all subsequent developments

203 The delivery period quoted must be realistic amp specific The inability of successful Vendors

to execute orders in accordance with the agreed delivery schedule will entitle BPCL at its options to

2031 Accept delayed delivery at prices reduced by a sum equivalent to half percent (05) of the

basic value of any goods not delivered for every week of delay or part thereof limited to a maximum of 5 of the total basic order value LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract Date of receipt of materials at ownerrsquos premises shall be considered for calculation of price reduction for FOR destination contract

In the case of imports the contractual delivery date shall be considered from the date of Letter of Credit (LC) or the date of LC amendment because of Buyerrsquos fault plus one week

28 | P a g e

(to take care of transit time for receipt of LC) plus the delivery schedule as indicated by the vendors

In case of the shipment taking place on ldquoCash against documentsrdquo the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period

Further the date of BL or House airway bill shall be considered to find out the delay with respect to contractual delivery date In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any So vendor shall inform the readiness of material for shipment on FOB (Free on Board) basis FCA (Free on Carrier) basis

2032 Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor without prejudice to its right under 2031 above in respect of goods delivered

21 RISK PURCHASE CLAUSE

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms amp conditions of the order BPCL also reserves the right to procure the same or similar materialsequipment through other sources at vendors entire risk cost and consequences Further the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement

22 FORCE MAJEURE Circumstances leading to force majeure (a) Act of terrorism

(b) Riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection of military or usurped power (c) Ionising radiation or contamination radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component

(d) epidemics earthquakes flood fire hurricanes typhoons or other physical natural disaster but excluding weather conditions regardless of severity and

(e) freight embargoes strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract For the avoidance of doubt inclement weather third party breach delay in supply of materials (other than due to a nationwide transportersrsquo strike) or commercial hardship shall not constitute a Force Majeure event bull Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

4 | P a g e

6 Bid Qualification Criteria 41 Mandatory Bidding form is provided in the E-tender for comments and uploading necessary documents as per criteria duly verified in the given tender format

7 Format for Undertaking for Holiday Listing and Liquidation status

43 Mandatory Bidding form is provided in the E-tender for uploading a duly signed copy in the given tender format on bidders letterhead

8 Format for TPIA certificate

44 Tender format for TPIA certificate to be submitted for BQC Criteria

11 Format for supply quantity

57 Tender format Supply Capability certificate to be submitted for BQC Criteria

12 PPLC policy document E-tender

Annexure and Bidding form for PPLC document to be submitted for claiming the Purchase preference as per tender terms

13 Vendor Master Details E-tender

Mandatory Bidding form is provided in the E-tender for bidding Please ensure that you mention all the detailsdocumentacceptance pointwise In case you are already have a BPCL vendor code please mention the same on your letter head and upload

14 Relationship with BPCL Directors

E-tender

Mandatory Bidding form is provided in the E-tender for bidding Please ensure that you mention all the detailsdocumentacceptance pointwise

15 Technical SpecificationsData Sheets of the tendered items

E-tender

Mandatory Bidding form is provided in the E-tender for bidding PDF document uploaded separately for reference Please ensure that you mention all the detailsacceptance pointwise Any deviation to the technical specifications should be mentioned in the bidding form provided for Deviations only

16 Form for Deviations (if any)

E-tender

Mandatory Bidding form is provided in the E-tender for bidding Please ensure that all your deviations are mentioned here only Any deviation mentioned elsewhere shall not be considered in the evaluation

Part 2 Price bid Price bid shall have to be submitted online in the respective price bid forms provided in the tender

16 Price bid form (Bidding form is provided in the E-tender)

E-tender

Mandatory Bidding form is provided in the E-tender for bidding Please ensure that all your prices are mentioned here only Any pricescosts mentioned elsewhere shall not be considered in the evaluation PDF document enclosed separately for reference

NOTE 1 In case of a dispute between the General Purchase Conditions and Special Purchase Conditions the Special Purchase Conditions shall prevail

2 A Mandatory Bidding form for acceptance of entire tender document is provided in the E-tender Kindly ensure that you accept the same

5 | P a g e

8 All the documents associated with Techno-Commercial bid (consisting of all the afore-mentioned Annexures and documents uploaded) and price bid shall form the part of the tender The entire bid shall be submitted online only General Instructions to bidders for e-tendering are as given in this tender Offers should strictly be in accordance with the tender terms amp conditions and our specifications Bidders are requested to carefully study all the documentsannexure and understand the conditions and specifications before quoting the rates and submitting this tender In case of any doubt the written clarifications should be obtained through email only before the Pre-Bid meeting on 12022020 1100 HRS IST but this shall not be a justification for request for extension of due date for submission of bids

9 Bidders shall also have to essentially sign and upload an Undertaking for Holiday listing and Liquidation status in the tender format for participating in this tender

10 Your online bid should be submitted on or before the due date of this tender viz 24022020 1500 HRS IST

11 Materials are required to be supplied as specified in the tender document specifications Bill

of quantities The details of specifications of materials required to be procured is enclosed along with this tender document Vendor is requested to submit their bids taking full notice of all the technical specifications terms and conditions forms amp attachments to this tender Bids must be through e-tendering system only and must be filled up by the authorized and competent authority of your firm

12 This is an e-tender Please visit the website httpsbpcleprocin for participating in this tender and submitting your Techno-commercial and Price bids online The bid documents are to be submitted online thru e-proc portal only All the bids shall be opened online CorrigendumAddendums if any will be provided against e-tender on bpcl e-proc site only

13 The e-tender is floated in Two Part Bid through E-Tender system consisting of Bid Qualification Criteria (BQC) Technical plus Commercial and Price Bids all floated together Each page of bid documents meant for uploading by the bidder is to be duly signed amp stamped before uploading the same Information pertaining to Particulars of Tenderers and Relationship with Directors and unpriced bids shall have to be filled online

14 Price bid is enclosed with this e-tender document Price bid shall have to be submitted online in the appropriate forms provided

15 Bidder should qualify in BQC Technical amp Commercial bids in order that their price bid can be

opened Bid Qualification Criteria Technical amp Commercial evaluation will be carried out before price bid opening Only Price bids of those bidders who qualify in the BQC Technical amp Commercial bids will be opened

16 The Vendors shall be in a position to produce further information as and when required by BPCL BPCL at its discretion reserves the right to verify information submitted and inspect the manufacturer facilities to confirm their capabilities The vendors should have required clearance from all statutory authorities as applicable

17 The placement of orders amp further activities pertaining to orders fulfilment will be undertaken by the user department

6 | P a g e

18 The bids submitted should be valid for Six months from the due date of tender for our acceptance A bid valid for a shorter period shall be considered as non-responsive and rejected by the Owner Notwithstanding above the Owner may solicit the Bidder consent to an extension of the period of bid validity The request and the responses thereto shall be made in writing

19 Once the offer is accepted it will remain firm till completion of contractsorders

20 Bids should be submitted positively by the due time amp date as mentioned in this tender The e-portal system time in Indian Standard time will be the time to be considered

21 We request the bidder to carefully go through all tender documents before submitting the offer Please note that any exceptions or deviations to the tender document is necessarily to be recorded in the deviation statement attached only Any exceptionsdeviations brought out elsewhere in the bid shall not be considered

22 The bidders may be invited for a presentation to BPCL during techno-commercial evaluation before price bid opening

23 The bidders to provide their bank details PAN tax Registration numbers as applicable for updating vendor master file You are also requested to keep us informed of any change in address status of your business contact details including email address etc

24 GOVERNING LAWS The laws of Union of India shall govern all matters concerning the tender Any issue arising related to the tender or the selection process shall be adjudged by the courts in Mumbai India

25 BPCL alone reserves the right to accept or reject any or all tenders received at its absolute discretion without assigning any reason whatsoever

26 A Pre-bid meeting is scheduled at the office of BPCL Sewree Mumbai All prospective bidders can participate in the same

27 The purpose of the pre-bid meeting is to clarify any doubts of the BIDDER on the interpretation of the provisions of tender

28 Bidder(s) are requested to submit their queries mentioning form name clause no amp clause

by a letter e-mail to our office as per schedule in order to have fruitful discussions during the meeting

29 All the Bidder(s) are requested to attend the pre-bid meeting to be held at BPCL Office as per schedule

30 Earnest Money Deposit (EMD) ( also referred to as Bid SecurityEMD) You shall be required to submit the Earnest Money Deposit (EMD) as mentioned in tender if applicable in physical form by the way of demand draft or bank guarantee drawn on any Nationalised or scheduled bank in favour of Ms Bharat Petroleum Corporation Ltd and payable at Mumbai at our office in a sealed cover addressed to Procurement Leader Gr 3 with following boldly super-scribed on the outer cover CRFQ number

7 | P a g e

Item Closing dateTime Name of the tenderer It should be sent by Registered PostCourier to the following address so as to reach before the due date amp time of the tender BPCL will not be responsible for non-receipt of instrument(s) due to postal delayloss in transit etc for any reason what-so-ever Bid received without the EMD if applicable is liable to be rejected A photocopy of the instrument of EMD to be duly signed amp stamped and uploaded against relevant heading in tender Office Address CPO-MKTG Bharat Petroleum Corp Ltd lsquoArsquo Installation Sewree Fort Road Sewree-East Mumbai-400015 The Bid SecurityEMD is required to protect the Owner against the risk of Bidderrsquos conduct which would warrant the security forfeiture The bids without requisite EMD will not be considered and bids of such bidder Bidder(s) shall be rejected The bidders not submitting EMD by due time amp date shall be rejected amp their bids shall not be evaluated further Firms registered with National Small Scale Industries Corporation (NSIC) Ministry of MSME of India for the item in tender are exempted from submission of Bid SecurityEMD All bidders quoting as MSE should submit a CA certificate issued by a CA on his letter head along with MSE doc (UAMEMIINSIC) to avail the benefits of Public Procurement Policy as per MSMED Act 2006Public Procurement Policy Order 2012 In case CA certificate is not submitted bid of the vendor shall be rejected at EMD stage Please note the below further points with respect to same 1) Bidder shall have to upload scanned copy of CA certificate with stamp of TPIA mentioning as verified from original Thereupon L1 bidders shall submit the hard copy of CA certificate certified by TPIA to BPCL within 7 days of opening of price bid 2) The CA certificate should be dated after the date of floating of tender and shall be specific to the tender for which bid is being submitted 3) Format of the CA certificate is attached for reference and bidder needs to submit certificate strictly in this format else bid shall be rejected Bidders are advised to instruct their banks not to post EMD directly to Owner as the same has to be submitted to us before e-bid submission due time amp date The Bid SecurityEMD may be forfeited i) If a Bidder withdrawsalters his bid during the period of bid validity or ii) In the case of a successful Bidder if the Bidder fails or refuses to accept the contractPurchase Order in accordance with agreed terms and conditions or iii) If a Bidder changes the proposed manufacturer after submission of Bid Unsuccessful Bidders Bid SecurityEMD without any interest will be discharged returned as promptly as possible as but not later than 60 days after the expiry of the period of bid validity prescribed by the Owner The successful Bidderrsquos Bid SecurityEMD if any without any interest will be discharged upon the Bidder accepting the contract

8 | P a g e

EMD by way of DD or Bank Guarantee shall be submitted by all bidders (including Bidders registered with BPCL) Exemption for this would be in line with govt policy for MSENSIC Vendors

31 The bidder shall bear all costs associated with the preparation and submission of the bid and

BPCL will in no case be responsible or liable for these costs regardless of the conduct or outcome of the bidding process

32 BPCL is not responsible for any delays from bidder end

33 BPCL reserves the right to make any changes in terms and conditions of tender before due date of bid submission and to reject any or all bids received incomplete BPCL reserves the right to change the quantity tendered

34 BPCL reserves their right to negotiate the quoted prices with lowest bidder

35 Vendors would be qualified based on data and documents provided by them and based on information available with BPCL with regard to their credentials Owner decision on any matter regarding short listing of vendors shall be final and any bidder shall not enter into any correspondence with owner unless asked for

36 The vendors who are on holiday list by BPCL MOPNG Oil Public Sector Undertaking (PSU) will not be considered

37 Tenderers shall also have to essentially sign an Integrity Pact (IP) for participating in this tender The salient points to be noted in regard to IP are Proforma of Integrity Pact shall be uploaded by the Tenderer along with the bid documents duly signed by the same signatory who is authorized to sign the bid documents All the pages of the Integrity Pact shall be duly signed Tendererrsquos failure to upload the IP duly signed along with the bid document shall result in the bid not being considered for further evaluation If the tenderer has been disqualified from the tender process prior to the award of the contract in accordance with the provisions of the Integrity Pact BPCL shall be entitled to demand and recover from Tenderer Price reduction amount by forfeiting the EMDPerformance Guarantee as per provisions of the Integrity Pact If the contract has been terminated according to the provisions of the Integrity Pact or if BPCL is entitled to terminate the contract according to the provisions of the Integrity pact BPCL shall be entitled to demand and recover from contractor Price reduction amount by forfeiting the Performance Guarantee amount as per provisions of the Integrity Pact Tenderers may raise disputescomplaints if any with the nominated Independent External Monitor

38 All the tender documents and Annexures Techno-commercial details and Price Bids shall be required to be digitally signed with a class IIB or above digital signature by the authorized signatory The authorized signatory shall be

I Proprietor in case of proprietary concern II Authorized partner in case of partnership firm

III Director in case of a limited Company duly authorized by its board of directors to sign

9 | P a g e

IV If for any reason the proprietor or the authorized partner or director as the case may be are unable to digitally sign the document the said document should be digitally signed by the constituted attorney having full authority to sign the tender document

39 Online submission of the tender shall be considered as token of having read understood and

totally accepted all the terms and conditions

40 The bidder is expected to examine all instructions forms attachments terms and specifications in the tender document The entire tender document together with all its attachments thereto shall be considered to be read understood and accepted by the bidder unless deviations are specifically stated seriatim by the bidder Failure to furnish all information required in the tender document or submission of a bid not substantially responsive to the tender documents in every respect will be at bidders risk and may result in the rejection of his bid

41 Bidders in their own interest shall ensure that they submit their e-bid complete in all respects well within the specified bid due date and time No relaxation shall be given for delay due to any unforeseen event in submission of bid

42 At any time prior to the bid due date we may for any reason whether at its own initiative or in response to a clarification requested by a prospective Bidder modify the Bid Document The amendment will be notified through e tender portal to all prospective Bidders and will be binding on them In order to afford prospective Bidder reasonable time to take the amendment into account in preparing their bids we may at our discretion extend the bid due date

43 The bid prepared by the Bidder and all correspondence drawings and documents relating to the bid exchanged by Bidder and the Owner shall be written in ENGLISH language provided that any printed literature furnished by the Bidder may be written in another language so long as accompanied by an ENGLISH translation in which case for the purpose of interpretation of the bid the ENGLISH translation shall govern

44 Declaration with the bid qualification criteria that bidder has not been banned or delisted by any Government or quasi Government agencies or Public Sector Undertaking (PSU) as per declaration format (provided as attachment under declaration format) of the tender document should be downloaded amp then suitably filled signed stamped amp uploaded against relevant heading

45 Bidders are advised to submit bids based strictly on the terms amp conditions and specifications contained in the tender document and not to stipulate any deviations Each Bidder shall submit only one bid A Bidder who submits more than one bid will be rejected

46 The Owner may at its discretion extend the bid due date in which case all rights and obligations of the Owner and the Bidders previously subject to the bid due date shall thereafter be subject to the new bid due date as extended

47 TelexTelefax E-mailpostal offers will not be considered and shall be rejected

48 No bid shall be modified subsequent to the due date amp time or extension if any for submission of bids Bidder(s) to note that Price changes after submission of bid shall not be allowed In case any bidder gives revised pricesprice implication his bid shall be rejected No bid shall be

10 | P a g e

allowed to be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder Withdrawal of a bid during this interval shall result in the forfeiture of Bidders EMD No suo motu reduction in prices quoted by bidder shall be permitted after opening of the bid If any bidder unilaterally reduces the prices quoted by him in his bid after opening of bids the bid (s) of such bidder(s) will be liable to be rejected Such reduction shall not be considered for evaluation of prices but shall be binding on the bidder in case he happens to be a successful bidder for award of work

49 Bids that do not meet the Bid qualification criteria as specified in the bid document shall be rejected A bid with incomplete scope of work andor which does not meet the technical requirements as specified in the bid document shall be considered as non-responsive and rejected Conditional bids will be liable for rejection

50 The Owner will examine the bids to determine whether they are complete whether any computational errors have been made whether the documents have been properly signed and whether the bids are generally in order

51 The experience details and financial amp technical capabilities of the Bidder(s) shall be examined to determine whether the Bidder(s) offer meets the Bid Qualification criteria mentioned To assist in the examination evaluation and comparison of Un-priced bids the Owner may at its discretion ask the Bidder clarifications on the bid The request for such clarifications and the response thereto shall be in writing Prior to the evaluation and comparison of the bid the Owner will determine the substantial responsiveness of each bid to the bidding documents

52 Prior to the expiration of period of bid validity the Owner will notify the successful Bidder in writing or by email that his bid has been accepted The Notification of Award will constitute the formation of the Contract Delivery Period shall be counted from the date of notification of award (LetterFaxe-mail of Intent)

53 Any efforts by a Bidder to influence the Owner in the Owner bid evaluation bid comparison or contract award decisions may result in the rejection of their bid

54 VERIFICATION BY OWNER All statements submitted by Bidder regarding experience manpower availability equipment and machinery availability etc are subject to verification by the Owner either before placement of order or after placement of order If any data submitted by the Bidder at the bid stage is found to be incorrect the offer is liable to be rejected or the Contractorder is liable to be terminated

55 The relevant WCTTDS if amp as applicable will be deducted from the charges quoted by the successful bidder

56 It is for the Bidder to assess and ascertain the Tax rate applicable on quoted items It is clearly understood that Owner will not have any additional liability towards payment of taxdutycess which is based on Bidders wrong assessment interpretation of applicability of such taxdutycess For Services such as installation commissioning activities bidderrsquos quoted prices shall be inclusive of taxes applicable till complete execution of the ordercontract and Owner shall not have any liabilities whatsoever on this account Variation for any reason including Statutory levies will be vendorrsquos account Bidder shall quote rate of Tax on the quoted charges Bidder shall ensure that invoice(s) shows the tax component separately and is issued in accordance with the applicable Tax Rules Octroi Entry tax if applicable in India shall be directly paid by the vendor which shall be reimbursed by Owner at actuals on

11 | P a g e

submission of documentary proof BPCL shall not be liable in case the tax authorities assess the tax elements in a different way on account of any reason whatsoever Taxes and duties other than those specified in this document if any shall be included in the quoted prices and no reimbursement shall be made by BPCL Ownerrsquos liability with respect to taxes and duties will be restricted to the Tax as quoted by the bidder Any new or additional taxes or duties levied by statutory authorities during contract shall be borne by the bidder

57 ISSUE OF CONTRACT PURCHASE ORDER After the successful Bidder has been notified that his bid has been accepted the Owner will send to such Bidder a detailed contractPurchase Orders incorporating all the terms and conditions agreed between the parties Within 7 days of receipt of the detailed contract Purchase Order the Bidder shall sign and return to the Owner the duplicate copy of the contractorder as a token of their Acknowledgement The contract will be issued by CPO (M) dept amp call-off orderspurchase orders by EampP dept of BPCL

58 Grievance Redressal Mechanism Bharat Petroleum Corporation Limited (BPCL) has developed the Grievance Redressal Mechanism to deal with references grievances if any that is received from bidders who participated intends to participate in the Corporation tender The details of the same are available on our website wwwbharatpetroleumin

59 It shall be understood that every endeavour has been made to avoid errors which can materially affect the basis of the tender and the successful vendor shall take upon himself and provide for risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof

60 In case a Start-up is interested in supplying a tendered item but does not meet the Pre-

Qualification Criteria(PQC)Proven Track Record (PTR) of prior Turnover norm as indicated in the tender document the Start-up may be requested to write a detailed proposal separately and not against the present tender requirement to the tender issuing authority about its product Such proposal should be accompanied by relevant documents in support of Start-ups as under

I Certificate of Recognition issued by Department of Industrial Policy and Promotion (DIPP) Ministry of Commerce and Industry GOI

II Certificate of Incorporation Registration III Audited PampL Statement of all the financial years since incorporation IV In case where balance sheet has not been prepared bidder shall submit a certificate

in Original from its CEOCFO stating the turnover of the bidding entity separately for each Financial Year Since incorporation along with declaration stating the reason for not furnishing the audited PampL statement The Certificate shall be endorsed by Chartered Accountant Statutory Auditor

61 By submitting the bid the bidder undertakes as under

Iwe hereby undertake that the statements made hereininformation given in the bids through e-tendering systemannexuresformsuploaded documents referred are true in all respects and that in the event of any such statement or information being found to be incorrect in any particular the same may be construed to be a misrepresentation entitling BPCL to avoid any resultant contract Iwe further undertake as and when called upon by BPCL to produce for its inspection original(s) of the document(s) of which copies have been annexed hereto

12 | P a g e

62 For any clarification on e-tendering training uploading of document on e-procurement site please contact our service provider Ms E-procurement Technology Ltd on below numbers Phone 02224176419 E-mailsupportbpcleprocinmumbaisupporteptlin HELP DESK NOS 91-79-40016848 40016818

63 For any queries clarifications on tender technical specifications commercial points and

other terms and conditions of the tender please contact as under- Mr Seema Khadase Asst Manager Procurement CPO (MKTG) CONTACT NO 91-22-24176405 8879222134 (M) EMAIL seemakhadasebharatpetroleumin

64 In case you are not satisfied with the clarification of doubts you may escalate the query

To MrAjoy Sarkar Procurement Leader CPO (MKTG) CONTACT NO 91-22-24176412 9819971906 (M) EMAIL sarkarabharatpetroleumin

65 Office Address CPO-MKTG Bharat Petroleum Corp Ltd lsquoArsquo Installation Sewree Fort Road

Sewree-East Mumbai-400015 66 Contact details of Independent External Monitors (IEM) for Complaints and Disputes

regarding the tender only

Shri Vikram Srivastava Shri Virendra Bahadur Singh Shri Anupam Kulshreshtha

ADDRESS ADDRESS ADDRESS

E-202 Second Floor Greater Kailash Part 2 New Delhi - 110048

HNo B-564 Vineet Khand Gomati Nagar Lucknow - 226010

B-33 lsquoYarrows Apartmentsrsquo

Plot C-585 Sector 62

Noida UP -201309

vikramsrivastava1973gmailcom vbsinghipsgmailcom Anupam8gmailcom

Mob No 09810642323 Mob No 8853760730 Mob No 9968281160

Thanking you Yours faithfully for Bharat Petroleum Corporation Ltd Ajoy Sarkar Procurement Leader

13 | P a g e

General Instructions to bidders for e-tendering

1 Interested parties may download the tender from BPCL website (httpwwwBharatpetroleumin) or the CPP portal (httpeprocuregovin) or from the e-tendering website (httpsbpcleprocin) and participate in the tender as per the instructions given therein on or before the due date of the tender The tender available on the BPCL website and the CPP portal can be downloaded for reading purpose only For participation in the tender please fill up the tender online on the e-tender system available on httpsbpcleprocin 2 For registration on the e-tender site httpsbpcleprocin you can be guided by the ldquoInstructions to Vendorsrdquo available under the download section of the homepage of the website As the first step bidder shall have to click the ldquoRegisterrdquo link and fill in the requisite information in the ldquoBidder Registration Formrdquo Kindly remember your e-mail id (which will also act as the login ID) and the password entered therein Once you complete this process correctly you shall get a system generated mail Login in to the portal using your credentials When you log in for the first time system will ask you to add your Digital Signature Once you have added the Digital Signature please inform us by mail to the vendor administrator vendoradminbpcleprocin with a copy to supportbpcleprocin for approval Once approved bidders can login in to the system as and when required 3 As a pre-requisite for participation in the tender vendors are required to obtain a valid Digital Certificate of Class IIB and above (having both signing and encryption certificates) as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCIA) Controller of Certifying Authorities (CCA) The cost of obtaining the digital certificate shall be borne by the vendor In case any vendor so desires he may contact our e-procurement service provider Ms E-Procurement Technologies Ltd Ahmedabad (Contact no Tel +91 79 4001 6868 for obtaining the digital signature certificate 4 Corrigendumamendment if any shall be notified on the site httpsbpcleprocin In case any corrigendumamendment is issued after the submission of the bid then such vendors who have submitted their bids shall be intimated about the corrigendumamendment by a system-generated email It shall be assumed that the information contained therein has been taken into account by the vendor They have the choice of making changes in their bid before the due date and time 5 Price bid of only those vendors shall be opened whose Techno-Commercial bid is found to be acceptable to us The schedule for opening the price bid shall be advised separately 6 Directions for submitting online offers electronically against e-procurement tenders directly through internet (i) Vendors are advised to log on to the website (httpsbpcleprocin) and arrange to register themselves at the earliest if not done earlier (ii) The system time (IST) that will be displayed on e-Procurement web page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance (iii) Vendors are advised in their own interest to ensure that their bids are submitted in e-Procurement system well before the closing date and time of bid If the vendor intends to changerevise the bid already submitted they shall have to withdraw their bid already submitted change revise the bid and submit once again In case vendor is not able to complete

14 | P a g e

the submission of the changedrevised bid within due date amp time the system would consider it as no bid has been received from the vendor against the tender and consequently the vendor will be out of contention The process of change revise may do so any number of times till the due date and time of submission deadline However no bid can be modified after the deadline for submission of bids (iv) Once the entire process of submission of online bid is complete they will get an auto mail from the system stating you have successfully submitted your bid in the following tender with tender details (v) Bids Offers shall not be permitted in e-procurement system after the due date time of tender Hence no bid can be submitted after the due date and time of submission has elapsed (vi) No manual bidsoffers along with electronic bidsoffers shall be permitted 7 For tenders whose estimated procurement value is more than Rs 10 lakhs vendors can see the rates quoted by all the participating bidders once the price bids are opened For this purpose vendors shall have to log in to the portal under their user ID and password click on the ldquodash boardrdquo link against that tender and choose the ldquoResultsrdquo tab 8 No responsibility will be taken by BPCL andor the e-procurement service provider for any delay due to connectivity and availability of website They shall not have any liability to vendors for any interruption or delay in access to the site irrespective of the cause It is advisable that vendors who are not well conversant with e-tendering procedures start filling up the tenders much before the due date time so that there is sufficient time available with himher to acquaint with all the steps and seek help if they so require Even for those who are conversant with this type of e-tendering it is suggested to complete all the activities ahead of time It should be noted that the individual bid becomes viewable only after the opening of the bid onafter the due date and time Please be reassured that your bid will be viewable only to you and nobody else till the due date time of the tender opening The non-availability of viewing before due date and time is true for e-tendering service provider as well as BPCL officials 9 BPCL andor the e-procurement service provider shall not be responsible for any direct or indirect loss or damages and or consequential damages arising out of the bidding process including but not limited to systems problems inability to use the system loss of electronic information etc In case of any clarification pertaining to e-procurement process and system related issues the vendor may contact Ms E-Procurement Technologies Ltd at contact no Tel +91 79 40270573 followed with an e-mail to id supportbpcleprocin

15 | P a g e

General Purchase Conditions The following conditions shall be applicable for all procurement unless specifically mentioned in the Special Purchase Conditions I N D E X 1 DEFINITIONS 2 REFERENCE FOR DOCUMENTATION 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER 4 LANGUAGE OF BID 5 PRICE 6 TAXES AND DUTIES 7 INSPECTION 8 SHIPPING 9 INDIAN AGENT COMMISSION 10 ORDER AWARD EVALUATION CRITERIA 11 CONFIRMATION OF ORDER 12 PAYMENT TERMS 13 GUARANTEEWARRANTY 14 PERFORMANCE BANK GUARANTEE 15 PACKING amp MARKING 16 DELIVERY 17 UNLOADING AND STACKING 18 TRANSIT INSURANCE 19 VALIDITY OF OFFER 20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 21 RISK PURCHASE CLAUSE 22 FORCE MAJEURE CLAUSE 23 ARBITRATION CLAUSE 24 INTEGRITY PACT (IP) 25 RECOVERY OF SUMS DUE 26 CONFIDENTIALITY OF TECHNICAL INFORMATION 27 PATENTS amp ROYALTIES 28 LIABILITY CLAUSE 29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT 30 COMPLIANCE OF REGULATIONS 31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT 32 NON-WAIVER 33 NEW amp UNUSED MATERIAL 34 PURCHASE PREFERENCE CLAUSE 35 CANCELLATION 36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION 37 ASSIGNMENT 38 GOVERNING LAW 39 AMENDMENT 40 NOTICES 41 POLICY ON HOLIDAY LISTING 42 ORDER OF PRECEDENCE FOR PURCHASES 43 TERMINATION FOR CONVENIENCE

16 | P a g e

GENERAL PURCHASE CONDITIONS 1 DEFINITIONS

The following expressions used in these terms and conditions and in the purchase order shall have the meaning indicated against each of these

11 OWNER Owner means Bharat Petroleum Corporation Limited (a Government of India

enterprise) a Company incorporated in India having its registered office at Bharat Bhavan 4 amp 6 Currimbhoy Road Ballard Estate Mumbai 400038 and shall include its successors and assigns (hereafter called BPCL as a short form)

12 VENDOR Vendor means the person firm or the Company Corporation to whom this

Request for quotation (RFQ)purchase order is issued and shall include its successors and assigns

13 INSPECTOR Person agency deputed by BPCL for carrying out inspection checkingtesting

of items ordered and for certifying the items conforming to the purchase order specifications

14 GOODS MATERIALS means any of the articles materials machinery equipments

supplies drawing data and other property and all services including but not limited to design delivery installation inspection testing and commissioning specified or required to complete the order

15 SITE LOCATION means any Site where BHARAT PETROLEUM CORPORATION LIMITED

desires to receive materials any where in India as mentioned in RFQ 16 ldquoRATE CONTRACTrdquo means the agreement for supply of goods materials between Owner

and Vendor for a fixed period of time (ie till validity of Rate Contract with no commitment of contractual quantity) on mutually agreed terms and conditions The actual supply of goods materials shall take place only on issue of separate purchase orders for required quantity as and when required by Owner

17 ldquoFIRM PROCUREMENTrdquo means the agreement between the parties for mutually agreed

terms and conditions with commitment of Quantity Ordered 2 REFERENCE FOR DOCUMENTATION 21 The number and date of Collective Request for Quotation (CRFQ) must appear on all

correspondence before finalization of Rate Contract Purchase Order 22 After finalization of Contract Purchase Order The number and date of Rate Contract

Purchase Order must appear on all correspondence drawings invoices dispatch advices (including shipping documents if applicable) packing list and on any documents or papers connected with this order

23 In the case of imports the relevant particulars of the import Licence shall be duly indicated in

the invoice and shipping documents as well as on the packages or consignments 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER

17 | P a g e

The right to accept the tender will rest with the Owner 4 LANGUAGE

The Bid and all supporting documentation and all correspondence whatsoever exchanged by Vendor and Owner shall be in English language only

5 PRICE

Unless otherwise agreed to the terms of the RFQ price shall be Firm and no escalation will be entertained on any ground except on the ground of statutory levies applicable on the tendered items

6 TAXES AND DUTIES All vendors shall have VAT CSTGSTService tax registration in the concerned State and vendor shall quote their TIN number in the quotation

61 EXCISE DUTY 611 Excise duty extra as applicable at the time of delivery within scheduled delivery period will

be payable by BPCL against documentary evidence Vendor shall mention in their offer the percentage of excise duty applicable at present Any upward variation in excise duty rates beyond the contractual delivery period shall be to vendorrsquos account

612 In case Excise Duty is not applicable at present Excise duty due to change in turn over is

not payable If applicable in future the same will be borne by vendor 613 Owner shall take CENVAT Credit on the material supplied for both excise duty and cess

component and accordingly Excise duty Cess should be quoted separately wherever applicable

Vendor shall ask the transporter of the goods to hand over the copy of excise invoice (transporterrsquos copy) at the time of delivery of goods at ownerrsquos site

62 SALES TAX VATGST 621 Sales Tax as applicable at the time of delivery within scheduled delivery period will be

payable by BPCL Vendor shall give details of local sales tax and or central sales tax currently applicable in their offer The rates applicable for ldquoCST without form Crdquo ldquoCST with form C and ldquoVATrdquo shall be clearly indicated

622 Input VAT Credit may be claimed by BPCL wherever applicable Vendor shall submit the

TAX invoice 63 SERVICE TAX All vendors shall have service tax registration wherever applicable BPCL

may also claim CENVAT Credit on service tax The vendor should quote service tax separately if applicable Vendor shall submit the TAX invoice Vendor is required to furnish serially numbered and signed invoice bill challan containing the following details

Name address and registration number of the service provider Name and address of person receiving taxable service Description classification and value of taxable service provided Service Tax Payable

18 | P a g e

64 FREIGHT AND OCTROI 641 Freight Firm freight charges to be quoted as indicated in the Tender documents Freight

shall be payable after receipt of the Material(s) at the site unless otherwise specified 642 Octroi and entry taxes if any shall be invoiced separately and shall be re-imbursed by BPCL

at actuals after receipt of the Material(s) at the Site against the submission of original documentary evidence for proof of payment of the related octroi and entry taxes as the case may be

65 NEW STATUTORY LEVIES All new statutory levies leviable on sale of finished goods to

owner if applicable are payable extra by BPCL against documentary proof within the contractual delivery period

66 VARIATION IN TAXES DUTIES Any increasedecrease in all the above mentioned

statutory levies on the date of delivery during the scheduled delivery period on finished materials will be on BPCLs account Any upward variation in statutory levies after contractual delivery date shall be to vendorrsquos account

67 INCOME TAX (WITHHOLDING TAX) In the case of availment of services from Non Resident

Vendors who are claiming benefits offered under the Double Taxation Avoidance Agreements signed by India with the Government of the other country (ie the country of the Vendor) such Non Resident Vendors are required to provide the Tax Residency Certificates at the time of submission of Bid documents The Tax Residency Certificates shall contain the following details

a) Name of Vendor (assessee) b) Status (Individual Company firm etc) of assessee c) Nationality (in case of individual) d) Country or specified territory of incorporation or registration (in case of others) e) Assessee lsquos tax identification number in the country or specified territory of residence

or in case no such number then a unique number on the basis of which the person is identified by the Government of the country or the specified territory

f) Residential status for the purpose of tax g) Period for which the certificate is applicable and h) Address of the applicant for the period for which the certificate is applicable

The Tax Residency Certificate shall be duly verified by the Government of the Country or the specified territory of the assessee of which the assessee claims to be a resident for the purposes of tax

7 INSPECTION 71 Materials shall be inspected by BPCL approved third party inspection agency if applicable

before dispatch of materials However arranging and providing inspection facilities is entirely vendorrsquos responsibility and in no way shall affect the delivery schedule

72 Scope of Inspection shall be as per RFQ Materials shall be inspected as per scope of

inspection by TPIAs which are registered under ldquoNABCB accredited bodies as per

19 | P a g e

requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of Goods The link is a below

httpnabcbqciorginaccreditationreg_bod_inspection_bodiesphp 73 Unless otherwise specified the inspection shall be carried out as per the relevant

standards scope of inspection provided alongwith the Tender EnquiryPurchase Order 74 BPCL may at its own expense have its representative(s) witness any test or inspection In

order to enable BPCLrsquos representative(s) to witness the tests inspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections

75 Even if the inspection and tests are fully carried out the Vendor shall not be absolved from

its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendorrsquos responsibility shall also not be anywise reduced or discharged because BPCL or BPCLrsquos representative(s) or Inspector(s) shall have examined commented on the Vendorrsquos drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s)

76 Although material approved by the Inspector(s) if on testing and inspection after receipt

of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

8 SHIPPING 81 SEA SHIPMENT All shipment of materials shall be made by first class direct vessels

through the chartering wing Ministry of Surface Transport as per procedure detailed hereunder The Foreign Supplier shall arrange with Vessels Owners or Forwarding Agents for proper storage of the entire Cargo intended for the project in a specific manner so as to faciliate and to avoid any over carriage at the port of discharge All shipment shall be under deck unless carriage on deck is unavoidable

The bills of lading should be made out in favour of `Bharat Petroleum Corporation Limited

or order

All columns in the body of the Bill of Lading namely marks and nos material description weight particulars etc should be uniform and accurate and such statements should be uniform in all the shipping documents The freight particulars should mention the basis of freight tonnage heavy lift charges if any surcharge discount etc clearly and separately The net total freight payable shall be shown at the bottom

SHIPPING DOCUMENTS All documents viz Bill of Lading invoices packing list freight

memos country of origin certificates test certificate drawings and catalogues should be in English language

20 | P a g e

In addition of the bill of lading which should be obtained in three stamped original plus as

many copies as required invoices packing list freight memos (if the freight particulars are not shown in the bills of lading) country of origin certificate test composition certificate shall be made out against each shipment in as many number of copies as shown below

The bill of lading invoice and packing list specifically shall show uniformly the mark and

numbers contents case wise country of origin consignees name port of destination and all other particulars as indicated under clause 2 The invoice shall show the unit rates and net total FOB prices Items packed separately should also be invoiced and the value shown accordingly Packing list must show apart from other particulars actual contents in each case net and gross weights and dimensions and the total number of packages All documents should be duly signed by the Vendorrsquos authorised representatives

In the case of FOB orders shipping arrangements shall be made by the Chartering Wing of

the Ministry of Surface Transport New Delhi through their respective forwarding agents The names and addresses of forwarding agents shall be as per Special Purchase Conditions Supplier shall furnish to the respective agents the full details of consignments such as outside dimension weights (both gross and net) No of packages technical description and drawings name of supplier ports of loading etc 6-weeks notice shall be given by the supplier to enable the concerned agency to arrange shipping space

The bill of lading shall indicate the following Shipper Government of India Consignee Bharat Petroleum Corporation Limited In case of supplies from USA Export Licences if any required from the American

Authorities shall be obtained by the US Suppliers If need be assistance for obtaining such export licences would be available from India Supply Mission at Washington

82 AIRSHIPMENT In case of Airshipment the materials shall be shipped through freight

consolidator (approved by us) The airway bill shall be made out in favour of BHARAT PETROLEUM CORPORATION LIMITED

TRANSMISSION OF SHIPPING DOCUMENTS Foreign Supplier shall obtain the shipping

documents in seven complete sets including three original stamped copies of the Bill of Lading as quickly as possible after the shipment is made and airmail as shown below so that they are received at least three weeks before the Vessels arrival Foreign Supplier shall be fully responsible or any delay and or demurrage in clearance of the consignment at the port due to delay in transmittal of the shipping documents

If in terms of letter or otherwise the complete original set of documents are required to

be sent to BPCL through Bank the distribution indicated below will confine to copies of documents only minus originals

Documents BPCL (Mumbai) Bill of Lading 4 (including 1 original) Invoice 4

21 | P a g e

Packing List 4 Freight Memo 4 Country of Origin Certificate 4 Third party inspection certificate 4 Drawing 4 Catalogue 4 Invoice of Third Party 4 for inspection charges whenever applicable

9 INDIAN AGENT COMMISSION

Any offer through Indian agents will be considered only after authorization mentioning them as Indian agents is received from Vendor Indian agents commission if applicable will be payable only in Indian currency Indian agents should be registered with Directorate General of Supplies and Disposals Government of India and agency commission will be payable only after registration with DGSampD New Delhi

10 ORDER AWARD EVALUATION CRITERIA

Unless otherwise specified Order award criteria will be on lowest quote landed price basis Landed price will be summation of Basic Price Packing amp Forwarding Charges Excise Duty Sales Tax Freight Inspection Octroi Supervision of Installation amp Commissioning and other taxes amp levies loading etc if any reduced by cenvatvat credit as applicable

11 CONFIRMATION OF ORDER

The vendor shall acknowledge the receipt of the purchase order within 10 days of mailing the same The vendor shall sign stamp the acknowledgement copy of the purchase order and return the same to BPCL

12 PAYMENT TERMS 121 Unless otherwise specified 100 payment shall be made within 30 days from date of

receipt and acceptance of materials at Site against submission of Peformance Bank Guarantee (PBG) for 10 of basic order value if PBG is applicable for the tender

122 In the case of imports payment will be made on submission of original documents directly

to Owner (Telegraphic Transfer-TT) or through Bank (Cash against documents-CAD) or through Irrevocable Letter of Credit

123 Unless otherwise mentioned the specified documents (All documents listed below (one

original and two copies) should be submitted to originator of PO (the name and contact details of whom are given in PO) and payments for despatches will be made by the originator of Purchase Order a) Invoice b) Excise invoice c) The Lorry Receipt of the consignment d) Packing list for the consignment e) Third Party Inspectorrsquos Certificate covering the invoiced Material(s) Release Note

wherever applicable f) Manufacturers TestComposition Certificate wherever applicable g) Drawing(s)Catalogue(s) covering the Material(s) wherever applicable h) GuaranteeWarranty Certificate(s) wherever applicable i) Original Receipt for Octroiother statutory levies as applicable

22 | P a g e

j) Performance Bank Guarantee as applicable 13 GUARANTEE WARRANTY 131 Materials shall be guaranteed against manufacturing defects materials workmanship

and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier Warranty for replacement of material accessories should be provided free of charges at our premises The above guaranteewarranty will be without prejudice to the certificate of inspection or material receipt note issued by us in respect of the materials In case the defect arises within the abovementioned Defect Liability Period (DLP) and the same is repairedreplaced the DLP for the repairedreplaced jobitem will be extended suitably so as to cover the original DLP However in no case such extension will exceed 24 months from date of start of initial DLP

132 All the materials including components and sub contracted items should be guaranteed by

the vendor within the warranty period mentioned above In the event of any defect in the material the vendor will replace repair the material at BPCLrsquos concerned location at vendorrsquos risk and cost on due notice

133 In case vendor does not replace repair the material on due notice rejected material will

be sent to the vendor on ldquoFreight to payrdquo basis for free replacement Material after rectification of defects shall be dispatched by the vendor on ldquoFreight Paidrdquo basis Alternatively BPCL reserves the right to have the material repaired replaced at the locations concerned at the vendorrsquos risk cost and responsibility

134 The Vendor shall provide similar warrantee on the parts components fittings accessories

etc so repaired and or replaced 14 PERFORMANCE BANK GUARANTEES 141 Vendor will have to provide Performance Bank Guarantee for 10 of the basic value of

purchase order unless otherwise specified This bank guarantee shall be valid (shall remain in force) for guarantee period (as mentioned in the guarantee clause) with an invocation period of six months thereafter In the case of Indigenous vendors the Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100) PBG format is as per Annexure-I

In case PBG is not provided by the Vendor 10 of the basic value shall be retained in lieu of PBG till the expiry of guarantee and claim period

In the case of imports the Supplier shall furnish the Performance Bank Guarantee (as per Annexure-I) through the following

(a) Branches of Indian scheduled banks operating in their Country (b) Foreign bank operating in their Country which is counter guaranteed by branches of

Indian scheduled banks operating in their Country India (c) Indian branches of foreign banks (d) Foreign bank operating in their Country counter guaranteed by their Indian branch

23 | P a g e

However in respect of (c) and (d) above the Indian branch of foreign banks should be recognized as scheduled bank by Reserve Bank of India

142 If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG (ie

PBG issued against every purchase call off order) then the validity of PBG will be calculated as mentioned below

1421 Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate Contract

Period (validity of Rate Contract) + Contractual Delivery Period of material + Contractual Guarantee period + 6 month (for invocation Claim)

143 You may use following Bank details for SFMS PBG

Name of Bank State Bank of India Branch CAG Branch Mumbai Account No 11083980831 IFSC Code SBIN0009995

15 PACKING amp MARKING 151 PACKING 1511 Packing shall withstand the hazards normally encountered with the means of transport for

the goods of this purchase order including loading and unloading operation both by crane and by pushing off

In the case of imports all equipments materials shall be suitably packed in weather proof

seaworthy packing for ocean transport under tropical conditions and for rail or road or other appropriate transport in India The packing shall be strong and efficient enough to ensure safe preservance upto the final point of destination

RawSolid wood packaging material of imported items has to be appropriately treated amp

marked as per International Standard of Phytosanitary Measures (ISPM-15) for material originating from the contracting countries to the International Plant Protection Convention or the members of Food amp Agriculture Organization Material from non-contracting parties would have to be accompanied by a phytosanitary certificate of the treatment endorsed The Custom Officer at Indian Port shall not release the material without appropriate compliance of the above provisions wef 01112004

1512 The packing specification incorporated herein are supplementary to the internal and

external packing methods and standards as per current general rules of JRA Good Tariff Part-I All packaging shall be done in such a manner as to reduce volume as much as possible

1513 Fragile articles should be packed with special packing materials depending on the type of

Materials and the packing shall bear the words HANDLE WITH CARE GLASS FRAGILE DONT ROLL THIS END UP THIS END DOWN to be indicated by arrow

1514 Chemicals in powder form catalyst refractories and like materials etc shall be packed in

drums cans and tins only However Catalyst may be supplied in Jumbo bags

24 | P a g e

1515 The hazardous materials shall be packed in accordance with the applicable rules regulations and tariff of all cognizant Government Authorities and other Governing bodies It shall be the responsibility of the seller of hazardous materials to designate the material as hazardous and to identify each material by its proper commodity name and its hazardous material class code

1516 All packages requiring handling by crane should have sufficient space at appropriate place

to put sling of suitable dia (strength) IronSteel angle should be provided at the place where sling marking are made to avoid damage to package equipment while lifting

1517 Item shipped in bundles must be securely tied with steel wire or strapping Steel reinforcing

rods bars pipes structural members etc shall be bundled in uniform lengths and the weight shall be within the breaking strength of the securing wire or strapping

In the case of imports for bundles the shipping marks shall be embossed on metal or

similar tag and wired securely on each end 1518 All delicate surfaces on equipment materials should be carefully protected and printed

with protective paintcompound and wrapped to prevent rusting and damage 1519 All mechanical and electrical equipment and other heavy articles shall be securely fastened

to the case bottom and shall be blocked and braced to avoid any displacement shifting during transit

15110 Attachments and spare parts of equipment and all small pieces shall be packed separately

in wooden cases with adequate protection inside the case and wherever possible should be sent along with the main equipment Each item shall be suitably tagged with identification of main equipment item denomination and reference number of respective assembly drawing Each item of steel structure and furnaces shall be identified with two erection markings with minimum lettering height of 15mm Such markings will be followed by the collection numbers in indelible inkpaint A copy of the packing list shall accompany the materials in each package

15111 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted

wooden disc on the flanges All nozzles holes and openings and also all delicate surfaces shall be carefully protected against damage and bad weather All manufactured surfaces shall be painted with rust proof paint

In the case of imports for bulk uniform material when packed in several cases progressive

serial numbers shall be indicated on each case 15112 Wherever required equipment materials instruments shall be enveloped in polythene

bags containing silicagel or similar dehydrating compound

15113 Pipes shall be packed as under (a) Upto 50mm NB in wooden cases crates (b) Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimum

three places (c) Above 100mm NB in loose

25 | P a g e

15114 Pipes and tubes of stainless steel copper etc shall be packed in wooden cases irrespective of their sizes

15115 Pipes with threaded or flanged ends shall be protected with suitable caps covers before

packing In the case of imports all pipes and sheets shall be marked with strips bearing progressive no

15116 Detailed packing list in waterproof envelope shall be inserted in the package together with

equipmentmaterials One copy of the detailed packing list shall be fastened outside of the package in waterproof envelope and covered by metal cover

15117 The supplier shall be held liable for all damages or breakages to the goods due to the

defective or insufficient packing as well as for corrosion due to insufficient protection 15118 Packaged equipment or materials showing damage defects or shortages resulting from

improper packaging materials or packing procedures or having concealed damages or shortages at the time of unpacking shall be to the supplierrsquos account

All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearly indicated and marked ldquoATTENTION SPECIAL LOAD HANDLE WITH CARErdquo both in English Hindi Languages

In the case of imports a distinct colour splash in say red black around each package crate

bundle shall be given for identification 15119 Along with the packed material supplier should attach material list manualsinstructions

and also the Inspection certificate release note wherever applicable 152 MARKING The following details to be written on the side face of packing

a) Purchase Order Number b) Vendor Name c) Batch no with manufacturing date d) Procedure (in brief) for handling e) Date of dispatch etc

153 IMPORTED ITEMS On three sides of the packages the following marks shall appear clearly

visible with indelible paint and on Vendors care and expenses

BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions) From To Bharat Petroleum Corporation Limited (With detailed address as given in Special Purchase Conditions) Order No Rev No Item Equipment Nomenclature Net weight Kgs

26 | P a g e

Gross weight Kgs Case No of Total cases Dimensions Import License No NOTE Marking shall be bold - minimum letter height 5 cm For every order and every shipment packages must be marked with serial progressive numbering Top heavy containers shall be so marked either Top Heavy or Heavy Ends When packing material is clean and light coloured a dark black stencil paint shall be acceptable However where packaging material is soiled or dark a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings In case of large equipments like vessels heat exchangers etc the envelope containing the documents shall be fastened inside a shell connection with an identifying arrow sign documents using indelible paint

16 DELIVERY 161 Unless otherwise mentioned Vendor is requested to quote their best delivery schedule

from the date of receipt of Purchase order 162 Time being the essence of this contract the delivery mentioned in the purchase order shall

be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner Goods should be delivered securely packed and in good order and condition at the place of delivery and within the time specified in the purchase order for their delivery

163 The contractual delivery period is inclusive of all the lead time for engineering

procurement of raw material the manufacturing inspection testing packing transportation or any other activity whatsoever required to be accomplished for affecting the delivery at the required delivery point

164 Unless otherwise specified Material(s) shall not be despatched without prior inspection

andor testing and Release OrderMaterial(s) Acceptance Certificate issued by the Inspector(s)

165 BPCL shall have the right to advise any change in despatch point or destination in respect

of any Material(s) Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence will be reimbursed to the Vendor by BPCL

17 UNLOADING AND STACKING

Unloading and stacking will be arranged by BPCL The Vendor shall send BPCL information of the proposed consignment well in advance by telegramfaxe-mailcourier to enable BPCL to take necessary action

18 TRANSIT INSURANCE

27 | P a g e

Unless otherwise mentioned 181 Transit Insurance shall be in the vendorrsquos scope in the case of inland transportation of

goods 182 In the case of imports insurance against all marine and transit risk shall be covered under

the Owners marine policy However the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carriers responsibility is fully retained on the Carriers so that the consignees interests are fully secured and are in no way jeopardized

182 The Vendor shall send BPCL information of the proposed consignment well in advance by

faxe-mailcourier to enable BPCL to take necessary action for the transit insurance of the consignment Any failure by the Vendor to do so shall place the consignment at the Vendorrsquos risk

183 In the case of imports as soon as any shipment is made the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Limited (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments vessels name port of shipment bill of lading number and date total FOB and freight value

19 VALIDITY OF OFFER

The rates quoted against this tender shall be valid for a period of 180 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions

20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 201 The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered

to on the clear understanding that the Price(s) of the Material(s) hashave been fixed with reference to the said Delivery date(s)

202 If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them

beyond the stipulated date(s) of Delivery the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay and shall promptly keep BPCL informed of all subsequent developments

203 The delivery period quoted must be realistic amp specific The inability of successful Vendors

to execute orders in accordance with the agreed delivery schedule will entitle BPCL at its options to

2031 Accept delayed delivery at prices reduced by a sum equivalent to half percent (05) of the

basic value of any goods not delivered for every week of delay or part thereof limited to a maximum of 5 of the total basic order value LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract Date of receipt of materials at ownerrsquos premises shall be considered for calculation of price reduction for FOR destination contract

In the case of imports the contractual delivery date shall be considered from the date of Letter of Credit (LC) or the date of LC amendment because of Buyerrsquos fault plus one week

28 | P a g e

(to take care of transit time for receipt of LC) plus the delivery schedule as indicated by the vendors

In case of the shipment taking place on ldquoCash against documentsrdquo the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period

Further the date of BL or House airway bill shall be considered to find out the delay with respect to contractual delivery date In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any So vendor shall inform the readiness of material for shipment on FOB (Free on Board) basis FCA (Free on Carrier) basis

2032 Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor without prejudice to its right under 2031 above in respect of goods delivered

21 RISK PURCHASE CLAUSE

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms amp conditions of the order BPCL also reserves the right to procure the same or similar materialsequipment through other sources at vendors entire risk cost and consequences Further the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement

22 FORCE MAJEURE Circumstances leading to force majeure (a) Act of terrorism

(b) Riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection of military or usurped power (c) Ionising radiation or contamination radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component

(d) epidemics earthquakes flood fire hurricanes typhoons or other physical natural disaster but excluding weather conditions regardless of severity and

(e) freight embargoes strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract For the avoidance of doubt inclement weather third party breach delay in supply of materials (other than due to a nationwide transportersrsquo strike) or commercial hardship shall not constitute a Force Majeure event bull Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

5 | P a g e

8 All the documents associated with Techno-Commercial bid (consisting of all the afore-mentioned Annexures and documents uploaded) and price bid shall form the part of the tender The entire bid shall be submitted online only General Instructions to bidders for e-tendering are as given in this tender Offers should strictly be in accordance with the tender terms amp conditions and our specifications Bidders are requested to carefully study all the documentsannexure and understand the conditions and specifications before quoting the rates and submitting this tender In case of any doubt the written clarifications should be obtained through email only before the Pre-Bid meeting on 12022020 1100 HRS IST but this shall not be a justification for request for extension of due date for submission of bids

9 Bidders shall also have to essentially sign and upload an Undertaking for Holiday listing and Liquidation status in the tender format for participating in this tender

10 Your online bid should be submitted on or before the due date of this tender viz 24022020 1500 HRS IST

11 Materials are required to be supplied as specified in the tender document specifications Bill

of quantities The details of specifications of materials required to be procured is enclosed along with this tender document Vendor is requested to submit their bids taking full notice of all the technical specifications terms and conditions forms amp attachments to this tender Bids must be through e-tendering system only and must be filled up by the authorized and competent authority of your firm

12 This is an e-tender Please visit the website httpsbpcleprocin for participating in this tender and submitting your Techno-commercial and Price bids online The bid documents are to be submitted online thru e-proc portal only All the bids shall be opened online CorrigendumAddendums if any will be provided against e-tender on bpcl e-proc site only

13 The e-tender is floated in Two Part Bid through E-Tender system consisting of Bid Qualification Criteria (BQC) Technical plus Commercial and Price Bids all floated together Each page of bid documents meant for uploading by the bidder is to be duly signed amp stamped before uploading the same Information pertaining to Particulars of Tenderers and Relationship with Directors and unpriced bids shall have to be filled online

14 Price bid is enclosed with this e-tender document Price bid shall have to be submitted online in the appropriate forms provided

15 Bidder should qualify in BQC Technical amp Commercial bids in order that their price bid can be

opened Bid Qualification Criteria Technical amp Commercial evaluation will be carried out before price bid opening Only Price bids of those bidders who qualify in the BQC Technical amp Commercial bids will be opened

16 The Vendors shall be in a position to produce further information as and when required by BPCL BPCL at its discretion reserves the right to verify information submitted and inspect the manufacturer facilities to confirm their capabilities The vendors should have required clearance from all statutory authorities as applicable

17 The placement of orders amp further activities pertaining to orders fulfilment will be undertaken by the user department

6 | P a g e

18 The bids submitted should be valid for Six months from the due date of tender for our acceptance A bid valid for a shorter period shall be considered as non-responsive and rejected by the Owner Notwithstanding above the Owner may solicit the Bidder consent to an extension of the period of bid validity The request and the responses thereto shall be made in writing

19 Once the offer is accepted it will remain firm till completion of contractsorders

20 Bids should be submitted positively by the due time amp date as mentioned in this tender The e-portal system time in Indian Standard time will be the time to be considered

21 We request the bidder to carefully go through all tender documents before submitting the offer Please note that any exceptions or deviations to the tender document is necessarily to be recorded in the deviation statement attached only Any exceptionsdeviations brought out elsewhere in the bid shall not be considered

22 The bidders may be invited for a presentation to BPCL during techno-commercial evaluation before price bid opening

23 The bidders to provide their bank details PAN tax Registration numbers as applicable for updating vendor master file You are also requested to keep us informed of any change in address status of your business contact details including email address etc

24 GOVERNING LAWS The laws of Union of India shall govern all matters concerning the tender Any issue arising related to the tender or the selection process shall be adjudged by the courts in Mumbai India

25 BPCL alone reserves the right to accept or reject any or all tenders received at its absolute discretion without assigning any reason whatsoever

26 A Pre-bid meeting is scheduled at the office of BPCL Sewree Mumbai All prospective bidders can participate in the same

27 The purpose of the pre-bid meeting is to clarify any doubts of the BIDDER on the interpretation of the provisions of tender

28 Bidder(s) are requested to submit their queries mentioning form name clause no amp clause

by a letter e-mail to our office as per schedule in order to have fruitful discussions during the meeting

29 All the Bidder(s) are requested to attend the pre-bid meeting to be held at BPCL Office as per schedule

30 Earnest Money Deposit (EMD) ( also referred to as Bid SecurityEMD) You shall be required to submit the Earnest Money Deposit (EMD) as mentioned in tender if applicable in physical form by the way of demand draft or bank guarantee drawn on any Nationalised or scheduled bank in favour of Ms Bharat Petroleum Corporation Ltd and payable at Mumbai at our office in a sealed cover addressed to Procurement Leader Gr 3 with following boldly super-scribed on the outer cover CRFQ number

7 | P a g e

Item Closing dateTime Name of the tenderer It should be sent by Registered PostCourier to the following address so as to reach before the due date amp time of the tender BPCL will not be responsible for non-receipt of instrument(s) due to postal delayloss in transit etc for any reason what-so-ever Bid received without the EMD if applicable is liable to be rejected A photocopy of the instrument of EMD to be duly signed amp stamped and uploaded against relevant heading in tender Office Address CPO-MKTG Bharat Petroleum Corp Ltd lsquoArsquo Installation Sewree Fort Road Sewree-East Mumbai-400015 The Bid SecurityEMD is required to protect the Owner against the risk of Bidderrsquos conduct which would warrant the security forfeiture The bids without requisite EMD will not be considered and bids of such bidder Bidder(s) shall be rejected The bidders not submitting EMD by due time amp date shall be rejected amp their bids shall not be evaluated further Firms registered with National Small Scale Industries Corporation (NSIC) Ministry of MSME of India for the item in tender are exempted from submission of Bid SecurityEMD All bidders quoting as MSE should submit a CA certificate issued by a CA on his letter head along with MSE doc (UAMEMIINSIC) to avail the benefits of Public Procurement Policy as per MSMED Act 2006Public Procurement Policy Order 2012 In case CA certificate is not submitted bid of the vendor shall be rejected at EMD stage Please note the below further points with respect to same 1) Bidder shall have to upload scanned copy of CA certificate with stamp of TPIA mentioning as verified from original Thereupon L1 bidders shall submit the hard copy of CA certificate certified by TPIA to BPCL within 7 days of opening of price bid 2) The CA certificate should be dated after the date of floating of tender and shall be specific to the tender for which bid is being submitted 3) Format of the CA certificate is attached for reference and bidder needs to submit certificate strictly in this format else bid shall be rejected Bidders are advised to instruct their banks not to post EMD directly to Owner as the same has to be submitted to us before e-bid submission due time amp date The Bid SecurityEMD may be forfeited i) If a Bidder withdrawsalters his bid during the period of bid validity or ii) In the case of a successful Bidder if the Bidder fails or refuses to accept the contractPurchase Order in accordance with agreed terms and conditions or iii) If a Bidder changes the proposed manufacturer after submission of Bid Unsuccessful Bidders Bid SecurityEMD without any interest will be discharged returned as promptly as possible as but not later than 60 days after the expiry of the period of bid validity prescribed by the Owner The successful Bidderrsquos Bid SecurityEMD if any without any interest will be discharged upon the Bidder accepting the contract

8 | P a g e

EMD by way of DD or Bank Guarantee shall be submitted by all bidders (including Bidders registered with BPCL) Exemption for this would be in line with govt policy for MSENSIC Vendors

31 The bidder shall bear all costs associated with the preparation and submission of the bid and

BPCL will in no case be responsible or liable for these costs regardless of the conduct or outcome of the bidding process

32 BPCL is not responsible for any delays from bidder end

33 BPCL reserves the right to make any changes in terms and conditions of tender before due date of bid submission and to reject any or all bids received incomplete BPCL reserves the right to change the quantity tendered

34 BPCL reserves their right to negotiate the quoted prices with lowest bidder

35 Vendors would be qualified based on data and documents provided by them and based on information available with BPCL with regard to their credentials Owner decision on any matter regarding short listing of vendors shall be final and any bidder shall not enter into any correspondence with owner unless asked for

36 The vendors who are on holiday list by BPCL MOPNG Oil Public Sector Undertaking (PSU) will not be considered

37 Tenderers shall also have to essentially sign an Integrity Pact (IP) for participating in this tender The salient points to be noted in regard to IP are Proforma of Integrity Pact shall be uploaded by the Tenderer along with the bid documents duly signed by the same signatory who is authorized to sign the bid documents All the pages of the Integrity Pact shall be duly signed Tendererrsquos failure to upload the IP duly signed along with the bid document shall result in the bid not being considered for further evaluation If the tenderer has been disqualified from the tender process prior to the award of the contract in accordance with the provisions of the Integrity Pact BPCL shall be entitled to demand and recover from Tenderer Price reduction amount by forfeiting the EMDPerformance Guarantee as per provisions of the Integrity Pact If the contract has been terminated according to the provisions of the Integrity Pact or if BPCL is entitled to terminate the contract according to the provisions of the Integrity pact BPCL shall be entitled to demand and recover from contractor Price reduction amount by forfeiting the Performance Guarantee amount as per provisions of the Integrity Pact Tenderers may raise disputescomplaints if any with the nominated Independent External Monitor

38 All the tender documents and Annexures Techno-commercial details and Price Bids shall be required to be digitally signed with a class IIB or above digital signature by the authorized signatory The authorized signatory shall be

I Proprietor in case of proprietary concern II Authorized partner in case of partnership firm

III Director in case of a limited Company duly authorized by its board of directors to sign

9 | P a g e

IV If for any reason the proprietor or the authorized partner or director as the case may be are unable to digitally sign the document the said document should be digitally signed by the constituted attorney having full authority to sign the tender document

39 Online submission of the tender shall be considered as token of having read understood and

totally accepted all the terms and conditions

40 The bidder is expected to examine all instructions forms attachments terms and specifications in the tender document The entire tender document together with all its attachments thereto shall be considered to be read understood and accepted by the bidder unless deviations are specifically stated seriatim by the bidder Failure to furnish all information required in the tender document or submission of a bid not substantially responsive to the tender documents in every respect will be at bidders risk and may result in the rejection of his bid

41 Bidders in their own interest shall ensure that they submit their e-bid complete in all respects well within the specified bid due date and time No relaxation shall be given for delay due to any unforeseen event in submission of bid

42 At any time prior to the bid due date we may for any reason whether at its own initiative or in response to a clarification requested by a prospective Bidder modify the Bid Document The amendment will be notified through e tender portal to all prospective Bidders and will be binding on them In order to afford prospective Bidder reasonable time to take the amendment into account in preparing their bids we may at our discretion extend the bid due date

43 The bid prepared by the Bidder and all correspondence drawings and documents relating to the bid exchanged by Bidder and the Owner shall be written in ENGLISH language provided that any printed literature furnished by the Bidder may be written in another language so long as accompanied by an ENGLISH translation in which case for the purpose of interpretation of the bid the ENGLISH translation shall govern

44 Declaration with the bid qualification criteria that bidder has not been banned or delisted by any Government or quasi Government agencies or Public Sector Undertaking (PSU) as per declaration format (provided as attachment under declaration format) of the tender document should be downloaded amp then suitably filled signed stamped amp uploaded against relevant heading

45 Bidders are advised to submit bids based strictly on the terms amp conditions and specifications contained in the tender document and not to stipulate any deviations Each Bidder shall submit only one bid A Bidder who submits more than one bid will be rejected

46 The Owner may at its discretion extend the bid due date in which case all rights and obligations of the Owner and the Bidders previously subject to the bid due date shall thereafter be subject to the new bid due date as extended

47 TelexTelefax E-mailpostal offers will not be considered and shall be rejected

48 No bid shall be modified subsequent to the due date amp time or extension if any for submission of bids Bidder(s) to note that Price changes after submission of bid shall not be allowed In case any bidder gives revised pricesprice implication his bid shall be rejected No bid shall be

10 | P a g e

allowed to be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder Withdrawal of a bid during this interval shall result in the forfeiture of Bidders EMD No suo motu reduction in prices quoted by bidder shall be permitted after opening of the bid If any bidder unilaterally reduces the prices quoted by him in his bid after opening of bids the bid (s) of such bidder(s) will be liable to be rejected Such reduction shall not be considered for evaluation of prices but shall be binding on the bidder in case he happens to be a successful bidder for award of work

49 Bids that do not meet the Bid qualification criteria as specified in the bid document shall be rejected A bid with incomplete scope of work andor which does not meet the technical requirements as specified in the bid document shall be considered as non-responsive and rejected Conditional bids will be liable for rejection

50 The Owner will examine the bids to determine whether they are complete whether any computational errors have been made whether the documents have been properly signed and whether the bids are generally in order

51 The experience details and financial amp technical capabilities of the Bidder(s) shall be examined to determine whether the Bidder(s) offer meets the Bid Qualification criteria mentioned To assist in the examination evaluation and comparison of Un-priced bids the Owner may at its discretion ask the Bidder clarifications on the bid The request for such clarifications and the response thereto shall be in writing Prior to the evaluation and comparison of the bid the Owner will determine the substantial responsiveness of each bid to the bidding documents

52 Prior to the expiration of period of bid validity the Owner will notify the successful Bidder in writing or by email that his bid has been accepted The Notification of Award will constitute the formation of the Contract Delivery Period shall be counted from the date of notification of award (LetterFaxe-mail of Intent)

53 Any efforts by a Bidder to influence the Owner in the Owner bid evaluation bid comparison or contract award decisions may result in the rejection of their bid

54 VERIFICATION BY OWNER All statements submitted by Bidder regarding experience manpower availability equipment and machinery availability etc are subject to verification by the Owner either before placement of order or after placement of order If any data submitted by the Bidder at the bid stage is found to be incorrect the offer is liable to be rejected or the Contractorder is liable to be terminated

55 The relevant WCTTDS if amp as applicable will be deducted from the charges quoted by the successful bidder

56 It is for the Bidder to assess and ascertain the Tax rate applicable on quoted items It is clearly understood that Owner will not have any additional liability towards payment of taxdutycess which is based on Bidders wrong assessment interpretation of applicability of such taxdutycess For Services such as installation commissioning activities bidderrsquos quoted prices shall be inclusive of taxes applicable till complete execution of the ordercontract and Owner shall not have any liabilities whatsoever on this account Variation for any reason including Statutory levies will be vendorrsquos account Bidder shall quote rate of Tax on the quoted charges Bidder shall ensure that invoice(s) shows the tax component separately and is issued in accordance with the applicable Tax Rules Octroi Entry tax if applicable in India shall be directly paid by the vendor which shall be reimbursed by Owner at actuals on

11 | P a g e

submission of documentary proof BPCL shall not be liable in case the tax authorities assess the tax elements in a different way on account of any reason whatsoever Taxes and duties other than those specified in this document if any shall be included in the quoted prices and no reimbursement shall be made by BPCL Ownerrsquos liability with respect to taxes and duties will be restricted to the Tax as quoted by the bidder Any new or additional taxes or duties levied by statutory authorities during contract shall be borne by the bidder

57 ISSUE OF CONTRACT PURCHASE ORDER After the successful Bidder has been notified that his bid has been accepted the Owner will send to such Bidder a detailed contractPurchase Orders incorporating all the terms and conditions agreed between the parties Within 7 days of receipt of the detailed contract Purchase Order the Bidder shall sign and return to the Owner the duplicate copy of the contractorder as a token of their Acknowledgement The contract will be issued by CPO (M) dept amp call-off orderspurchase orders by EampP dept of BPCL

58 Grievance Redressal Mechanism Bharat Petroleum Corporation Limited (BPCL) has developed the Grievance Redressal Mechanism to deal with references grievances if any that is received from bidders who participated intends to participate in the Corporation tender The details of the same are available on our website wwwbharatpetroleumin

59 It shall be understood that every endeavour has been made to avoid errors which can materially affect the basis of the tender and the successful vendor shall take upon himself and provide for risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof

60 In case a Start-up is interested in supplying a tendered item but does not meet the Pre-

Qualification Criteria(PQC)Proven Track Record (PTR) of prior Turnover norm as indicated in the tender document the Start-up may be requested to write a detailed proposal separately and not against the present tender requirement to the tender issuing authority about its product Such proposal should be accompanied by relevant documents in support of Start-ups as under

I Certificate of Recognition issued by Department of Industrial Policy and Promotion (DIPP) Ministry of Commerce and Industry GOI

II Certificate of Incorporation Registration III Audited PampL Statement of all the financial years since incorporation IV In case where balance sheet has not been prepared bidder shall submit a certificate

in Original from its CEOCFO stating the turnover of the bidding entity separately for each Financial Year Since incorporation along with declaration stating the reason for not furnishing the audited PampL statement The Certificate shall be endorsed by Chartered Accountant Statutory Auditor

61 By submitting the bid the bidder undertakes as under

Iwe hereby undertake that the statements made hereininformation given in the bids through e-tendering systemannexuresformsuploaded documents referred are true in all respects and that in the event of any such statement or information being found to be incorrect in any particular the same may be construed to be a misrepresentation entitling BPCL to avoid any resultant contract Iwe further undertake as and when called upon by BPCL to produce for its inspection original(s) of the document(s) of which copies have been annexed hereto

12 | P a g e

62 For any clarification on e-tendering training uploading of document on e-procurement site please contact our service provider Ms E-procurement Technology Ltd on below numbers Phone 02224176419 E-mailsupportbpcleprocinmumbaisupporteptlin HELP DESK NOS 91-79-40016848 40016818

63 For any queries clarifications on tender technical specifications commercial points and

other terms and conditions of the tender please contact as under- Mr Seema Khadase Asst Manager Procurement CPO (MKTG) CONTACT NO 91-22-24176405 8879222134 (M) EMAIL seemakhadasebharatpetroleumin

64 In case you are not satisfied with the clarification of doubts you may escalate the query

To MrAjoy Sarkar Procurement Leader CPO (MKTG) CONTACT NO 91-22-24176412 9819971906 (M) EMAIL sarkarabharatpetroleumin

65 Office Address CPO-MKTG Bharat Petroleum Corp Ltd lsquoArsquo Installation Sewree Fort Road

Sewree-East Mumbai-400015 66 Contact details of Independent External Monitors (IEM) for Complaints and Disputes

regarding the tender only

Shri Vikram Srivastava Shri Virendra Bahadur Singh Shri Anupam Kulshreshtha

ADDRESS ADDRESS ADDRESS

E-202 Second Floor Greater Kailash Part 2 New Delhi - 110048

HNo B-564 Vineet Khand Gomati Nagar Lucknow - 226010

B-33 lsquoYarrows Apartmentsrsquo

Plot C-585 Sector 62

Noida UP -201309

vikramsrivastava1973gmailcom vbsinghipsgmailcom Anupam8gmailcom

Mob No 09810642323 Mob No 8853760730 Mob No 9968281160

Thanking you Yours faithfully for Bharat Petroleum Corporation Ltd Ajoy Sarkar Procurement Leader

13 | P a g e

General Instructions to bidders for e-tendering

1 Interested parties may download the tender from BPCL website (httpwwwBharatpetroleumin) or the CPP portal (httpeprocuregovin) or from the e-tendering website (httpsbpcleprocin) and participate in the tender as per the instructions given therein on or before the due date of the tender The tender available on the BPCL website and the CPP portal can be downloaded for reading purpose only For participation in the tender please fill up the tender online on the e-tender system available on httpsbpcleprocin 2 For registration on the e-tender site httpsbpcleprocin you can be guided by the ldquoInstructions to Vendorsrdquo available under the download section of the homepage of the website As the first step bidder shall have to click the ldquoRegisterrdquo link and fill in the requisite information in the ldquoBidder Registration Formrdquo Kindly remember your e-mail id (which will also act as the login ID) and the password entered therein Once you complete this process correctly you shall get a system generated mail Login in to the portal using your credentials When you log in for the first time system will ask you to add your Digital Signature Once you have added the Digital Signature please inform us by mail to the vendor administrator vendoradminbpcleprocin with a copy to supportbpcleprocin for approval Once approved bidders can login in to the system as and when required 3 As a pre-requisite for participation in the tender vendors are required to obtain a valid Digital Certificate of Class IIB and above (having both signing and encryption certificates) as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCIA) Controller of Certifying Authorities (CCA) The cost of obtaining the digital certificate shall be borne by the vendor In case any vendor so desires he may contact our e-procurement service provider Ms E-Procurement Technologies Ltd Ahmedabad (Contact no Tel +91 79 4001 6868 for obtaining the digital signature certificate 4 Corrigendumamendment if any shall be notified on the site httpsbpcleprocin In case any corrigendumamendment is issued after the submission of the bid then such vendors who have submitted their bids shall be intimated about the corrigendumamendment by a system-generated email It shall be assumed that the information contained therein has been taken into account by the vendor They have the choice of making changes in their bid before the due date and time 5 Price bid of only those vendors shall be opened whose Techno-Commercial bid is found to be acceptable to us The schedule for opening the price bid shall be advised separately 6 Directions for submitting online offers electronically against e-procurement tenders directly through internet (i) Vendors are advised to log on to the website (httpsbpcleprocin) and arrange to register themselves at the earliest if not done earlier (ii) The system time (IST) that will be displayed on e-Procurement web page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance (iii) Vendors are advised in their own interest to ensure that their bids are submitted in e-Procurement system well before the closing date and time of bid If the vendor intends to changerevise the bid already submitted they shall have to withdraw their bid already submitted change revise the bid and submit once again In case vendor is not able to complete

14 | P a g e

the submission of the changedrevised bid within due date amp time the system would consider it as no bid has been received from the vendor against the tender and consequently the vendor will be out of contention The process of change revise may do so any number of times till the due date and time of submission deadline However no bid can be modified after the deadline for submission of bids (iv) Once the entire process of submission of online bid is complete they will get an auto mail from the system stating you have successfully submitted your bid in the following tender with tender details (v) Bids Offers shall not be permitted in e-procurement system after the due date time of tender Hence no bid can be submitted after the due date and time of submission has elapsed (vi) No manual bidsoffers along with electronic bidsoffers shall be permitted 7 For tenders whose estimated procurement value is more than Rs 10 lakhs vendors can see the rates quoted by all the participating bidders once the price bids are opened For this purpose vendors shall have to log in to the portal under their user ID and password click on the ldquodash boardrdquo link against that tender and choose the ldquoResultsrdquo tab 8 No responsibility will be taken by BPCL andor the e-procurement service provider for any delay due to connectivity and availability of website They shall not have any liability to vendors for any interruption or delay in access to the site irrespective of the cause It is advisable that vendors who are not well conversant with e-tendering procedures start filling up the tenders much before the due date time so that there is sufficient time available with himher to acquaint with all the steps and seek help if they so require Even for those who are conversant with this type of e-tendering it is suggested to complete all the activities ahead of time It should be noted that the individual bid becomes viewable only after the opening of the bid onafter the due date and time Please be reassured that your bid will be viewable only to you and nobody else till the due date time of the tender opening The non-availability of viewing before due date and time is true for e-tendering service provider as well as BPCL officials 9 BPCL andor the e-procurement service provider shall not be responsible for any direct or indirect loss or damages and or consequential damages arising out of the bidding process including but not limited to systems problems inability to use the system loss of electronic information etc In case of any clarification pertaining to e-procurement process and system related issues the vendor may contact Ms E-Procurement Technologies Ltd at contact no Tel +91 79 40270573 followed with an e-mail to id supportbpcleprocin

15 | P a g e

General Purchase Conditions The following conditions shall be applicable for all procurement unless specifically mentioned in the Special Purchase Conditions I N D E X 1 DEFINITIONS 2 REFERENCE FOR DOCUMENTATION 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER 4 LANGUAGE OF BID 5 PRICE 6 TAXES AND DUTIES 7 INSPECTION 8 SHIPPING 9 INDIAN AGENT COMMISSION 10 ORDER AWARD EVALUATION CRITERIA 11 CONFIRMATION OF ORDER 12 PAYMENT TERMS 13 GUARANTEEWARRANTY 14 PERFORMANCE BANK GUARANTEE 15 PACKING amp MARKING 16 DELIVERY 17 UNLOADING AND STACKING 18 TRANSIT INSURANCE 19 VALIDITY OF OFFER 20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 21 RISK PURCHASE CLAUSE 22 FORCE MAJEURE CLAUSE 23 ARBITRATION CLAUSE 24 INTEGRITY PACT (IP) 25 RECOVERY OF SUMS DUE 26 CONFIDENTIALITY OF TECHNICAL INFORMATION 27 PATENTS amp ROYALTIES 28 LIABILITY CLAUSE 29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT 30 COMPLIANCE OF REGULATIONS 31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT 32 NON-WAIVER 33 NEW amp UNUSED MATERIAL 34 PURCHASE PREFERENCE CLAUSE 35 CANCELLATION 36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION 37 ASSIGNMENT 38 GOVERNING LAW 39 AMENDMENT 40 NOTICES 41 POLICY ON HOLIDAY LISTING 42 ORDER OF PRECEDENCE FOR PURCHASES 43 TERMINATION FOR CONVENIENCE

16 | P a g e

GENERAL PURCHASE CONDITIONS 1 DEFINITIONS

The following expressions used in these terms and conditions and in the purchase order shall have the meaning indicated against each of these

11 OWNER Owner means Bharat Petroleum Corporation Limited (a Government of India

enterprise) a Company incorporated in India having its registered office at Bharat Bhavan 4 amp 6 Currimbhoy Road Ballard Estate Mumbai 400038 and shall include its successors and assigns (hereafter called BPCL as a short form)

12 VENDOR Vendor means the person firm or the Company Corporation to whom this

Request for quotation (RFQ)purchase order is issued and shall include its successors and assigns

13 INSPECTOR Person agency deputed by BPCL for carrying out inspection checkingtesting

of items ordered and for certifying the items conforming to the purchase order specifications

14 GOODS MATERIALS means any of the articles materials machinery equipments

supplies drawing data and other property and all services including but not limited to design delivery installation inspection testing and commissioning specified or required to complete the order

15 SITE LOCATION means any Site where BHARAT PETROLEUM CORPORATION LIMITED

desires to receive materials any where in India as mentioned in RFQ 16 ldquoRATE CONTRACTrdquo means the agreement for supply of goods materials between Owner

and Vendor for a fixed period of time (ie till validity of Rate Contract with no commitment of contractual quantity) on mutually agreed terms and conditions The actual supply of goods materials shall take place only on issue of separate purchase orders for required quantity as and when required by Owner

17 ldquoFIRM PROCUREMENTrdquo means the agreement between the parties for mutually agreed

terms and conditions with commitment of Quantity Ordered 2 REFERENCE FOR DOCUMENTATION 21 The number and date of Collective Request for Quotation (CRFQ) must appear on all

correspondence before finalization of Rate Contract Purchase Order 22 After finalization of Contract Purchase Order The number and date of Rate Contract

Purchase Order must appear on all correspondence drawings invoices dispatch advices (including shipping documents if applicable) packing list and on any documents or papers connected with this order

23 In the case of imports the relevant particulars of the import Licence shall be duly indicated in

the invoice and shipping documents as well as on the packages or consignments 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER

17 | P a g e

The right to accept the tender will rest with the Owner 4 LANGUAGE

The Bid and all supporting documentation and all correspondence whatsoever exchanged by Vendor and Owner shall be in English language only

5 PRICE

Unless otherwise agreed to the terms of the RFQ price shall be Firm and no escalation will be entertained on any ground except on the ground of statutory levies applicable on the tendered items

6 TAXES AND DUTIES All vendors shall have VAT CSTGSTService tax registration in the concerned State and vendor shall quote their TIN number in the quotation

61 EXCISE DUTY 611 Excise duty extra as applicable at the time of delivery within scheduled delivery period will

be payable by BPCL against documentary evidence Vendor shall mention in their offer the percentage of excise duty applicable at present Any upward variation in excise duty rates beyond the contractual delivery period shall be to vendorrsquos account

612 In case Excise Duty is not applicable at present Excise duty due to change in turn over is

not payable If applicable in future the same will be borne by vendor 613 Owner shall take CENVAT Credit on the material supplied for both excise duty and cess

component and accordingly Excise duty Cess should be quoted separately wherever applicable

Vendor shall ask the transporter of the goods to hand over the copy of excise invoice (transporterrsquos copy) at the time of delivery of goods at ownerrsquos site

62 SALES TAX VATGST 621 Sales Tax as applicable at the time of delivery within scheduled delivery period will be

payable by BPCL Vendor shall give details of local sales tax and or central sales tax currently applicable in their offer The rates applicable for ldquoCST without form Crdquo ldquoCST with form C and ldquoVATrdquo shall be clearly indicated

622 Input VAT Credit may be claimed by BPCL wherever applicable Vendor shall submit the

TAX invoice 63 SERVICE TAX All vendors shall have service tax registration wherever applicable BPCL

may also claim CENVAT Credit on service tax The vendor should quote service tax separately if applicable Vendor shall submit the TAX invoice Vendor is required to furnish serially numbered and signed invoice bill challan containing the following details

Name address and registration number of the service provider Name and address of person receiving taxable service Description classification and value of taxable service provided Service Tax Payable

18 | P a g e

64 FREIGHT AND OCTROI 641 Freight Firm freight charges to be quoted as indicated in the Tender documents Freight

shall be payable after receipt of the Material(s) at the site unless otherwise specified 642 Octroi and entry taxes if any shall be invoiced separately and shall be re-imbursed by BPCL

at actuals after receipt of the Material(s) at the Site against the submission of original documentary evidence for proof of payment of the related octroi and entry taxes as the case may be

65 NEW STATUTORY LEVIES All new statutory levies leviable on sale of finished goods to

owner if applicable are payable extra by BPCL against documentary proof within the contractual delivery period

66 VARIATION IN TAXES DUTIES Any increasedecrease in all the above mentioned

statutory levies on the date of delivery during the scheduled delivery period on finished materials will be on BPCLs account Any upward variation in statutory levies after contractual delivery date shall be to vendorrsquos account

67 INCOME TAX (WITHHOLDING TAX) In the case of availment of services from Non Resident

Vendors who are claiming benefits offered under the Double Taxation Avoidance Agreements signed by India with the Government of the other country (ie the country of the Vendor) such Non Resident Vendors are required to provide the Tax Residency Certificates at the time of submission of Bid documents The Tax Residency Certificates shall contain the following details

a) Name of Vendor (assessee) b) Status (Individual Company firm etc) of assessee c) Nationality (in case of individual) d) Country or specified territory of incorporation or registration (in case of others) e) Assessee lsquos tax identification number in the country or specified territory of residence

or in case no such number then a unique number on the basis of which the person is identified by the Government of the country or the specified territory

f) Residential status for the purpose of tax g) Period for which the certificate is applicable and h) Address of the applicant for the period for which the certificate is applicable

The Tax Residency Certificate shall be duly verified by the Government of the Country or the specified territory of the assessee of which the assessee claims to be a resident for the purposes of tax

7 INSPECTION 71 Materials shall be inspected by BPCL approved third party inspection agency if applicable

before dispatch of materials However arranging and providing inspection facilities is entirely vendorrsquos responsibility and in no way shall affect the delivery schedule

72 Scope of Inspection shall be as per RFQ Materials shall be inspected as per scope of

inspection by TPIAs which are registered under ldquoNABCB accredited bodies as per

19 | P a g e

requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of Goods The link is a below

httpnabcbqciorginaccreditationreg_bod_inspection_bodiesphp 73 Unless otherwise specified the inspection shall be carried out as per the relevant

standards scope of inspection provided alongwith the Tender EnquiryPurchase Order 74 BPCL may at its own expense have its representative(s) witness any test or inspection In

order to enable BPCLrsquos representative(s) to witness the tests inspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections

75 Even if the inspection and tests are fully carried out the Vendor shall not be absolved from

its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendorrsquos responsibility shall also not be anywise reduced or discharged because BPCL or BPCLrsquos representative(s) or Inspector(s) shall have examined commented on the Vendorrsquos drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s)

76 Although material approved by the Inspector(s) if on testing and inspection after receipt

of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

8 SHIPPING 81 SEA SHIPMENT All shipment of materials shall be made by first class direct vessels

through the chartering wing Ministry of Surface Transport as per procedure detailed hereunder The Foreign Supplier shall arrange with Vessels Owners or Forwarding Agents for proper storage of the entire Cargo intended for the project in a specific manner so as to faciliate and to avoid any over carriage at the port of discharge All shipment shall be under deck unless carriage on deck is unavoidable

The bills of lading should be made out in favour of `Bharat Petroleum Corporation Limited

or order

All columns in the body of the Bill of Lading namely marks and nos material description weight particulars etc should be uniform and accurate and such statements should be uniform in all the shipping documents The freight particulars should mention the basis of freight tonnage heavy lift charges if any surcharge discount etc clearly and separately The net total freight payable shall be shown at the bottom

SHIPPING DOCUMENTS All documents viz Bill of Lading invoices packing list freight

memos country of origin certificates test certificate drawings and catalogues should be in English language

20 | P a g e

In addition of the bill of lading which should be obtained in three stamped original plus as

many copies as required invoices packing list freight memos (if the freight particulars are not shown in the bills of lading) country of origin certificate test composition certificate shall be made out against each shipment in as many number of copies as shown below

The bill of lading invoice and packing list specifically shall show uniformly the mark and

numbers contents case wise country of origin consignees name port of destination and all other particulars as indicated under clause 2 The invoice shall show the unit rates and net total FOB prices Items packed separately should also be invoiced and the value shown accordingly Packing list must show apart from other particulars actual contents in each case net and gross weights and dimensions and the total number of packages All documents should be duly signed by the Vendorrsquos authorised representatives

In the case of FOB orders shipping arrangements shall be made by the Chartering Wing of

the Ministry of Surface Transport New Delhi through their respective forwarding agents The names and addresses of forwarding agents shall be as per Special Purchase Conditions Supplier shall furnish to the respective agents the full details of consignments such as outside dimension weights (both gross and net) No of packages technical description and drawings name of supplier ports of loading etc 6-weeks notice shall be given by the supplier to enable the concerned agency to arrange shipping space

The bill of lading shall indicate the following Shipper Government of India Consignee Bharat Petroleum Corporation Limited In case of supplies from USA Export Licences if any required from the American

Authorities shall be obtained by the US Suppliers If need be assistance for obtaining such export licences would be available from India Supply Mission at Washington

82 AIRSHIPMENT In case of Airshipment the materials shall be shipped through freight

consolidator (approved by us) The airway bill shall be made out in favour of BHARAT PETROLEUM CORPORATION LIMITED

TRANSMISSION OF SHIPPING DOCUMENTS Foreign Supplier shall obtain the shipping

documents in seven complete sets including three original stamped copies of the Bill of Lading as quickly as possible after the shipment is made and airmail as shown below so that they are received at least three weeks before the Vessels arrival Foreign Supplier shall be fully responsible or any delay and or demurrage in clearance of the consignment at the port due to delay in transmittal of the shipping documents

If in terms of letter or otherwise the complete original set of documents are required to

be sent to BPCL through Bank the distribution indicated below will confine to copies of documents only minus originals

Documents BPCL (Mumbai) Bill of Lading 4 (including 1 original) Invoice 4

21 | P a g e

Packing List 4 Freight Memo 4 Country of Origin Certificate 4 Third party inspection certificate 4 Drawing 4 Catalogue 4 Invoice of Third Party 4 for inspection charges whenever applicable

9 INDIAN AGENT COMMISSION

Any offer through Indian agents will be considered only after authorization mentioning them as Indian agents is received from Vendor Indian agents commission if applicable will be payable only in Indian currency Indian agents should be registered with Directorate General of Supplies and Disposals Government of India and agency commission will be payable only after registration with DGSampD New Delhi

10 ORDER AWARD EVALUATION CRITERIA

Unless otherwise specified Order award criteria will be on lowest quote landed price basis Landed price will be summation of Basic Price Packing amp Forwarding Charges Excise Duty Sales Tax Freight Inspection Octroi Supervision of Installation amp Commissioning and other taxes amp levies loading etc if any reduced by cenvatvat credit as applicable

11 CONFIRMATION OF ORDER

The vendor shall acknowledge the receipt of the purchase order within 10 days of mailing the same The vendor shall sign stamp the acknowledgement copy of the purchase order and return the same to BPCL

12 PAYMENT TERMS 121 Unless otherwise specified 100 payment shall be made within 30 days from date of

receipt and acceptance of materials at Site against submission of Peformance Bank Guarantee (PBG) for 10 of basic order value if PBG is applicable for the tender

122 In the case of imports payment will be made on submission of original documents directly

to Owner (Telegraphic Transfer-TT) or through Bank (Cash against documents-CAD) or through Irrevocable Letter of Credit

123 Unless otherwise mentioned the specified documents (All documents listed below (one

original and two copies) should be submitted to originator of PO (the name and contact details of whom are given in PO) and payments for despatches will be made by the originator of Purchase Order a) Invoice b) Excise invoice c) The Lorry Receipt of the consignment d) Packing list for the consignment e) Third Party Inspectorrsquos Certificate covering the invoiced Material(s) Release Note

wherever applicable f) Manufacturers TestComposition Certificate wherever applicable g) Drawing(s)Catalogue(s) covering the Material(s) wherever applicable h) GuaranteeWarranty Certificate(s) wherever applicable i) Original Receipt for Octroiother statutory levies as applicable

22 | P a g e

j) Performance Bank Guarantee as applicable 13 GUARANTEE WARRANTY 131 Materials shall be guaranteed against manufacturing defects materials workmanship

and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier Warranty for replacement of material accessories should be provided free of charges at our premises The above guaranteewarranty will be without prejudice to the certificate of inspection or material receipt note issued by us in respect of the materials In case the defect arises within the abovementioned Defect Liability Period (DLP) and the same is repairedreplaced the DLP for the repairedreplaced jobitem will be extended suitably so as to cover the original DLP However in no case such extension will exceed 24 months from date of start of initial DLP

132 All the materials including components and sub contracted items should be guaranteed by

the vendor within the warranty period mentioned above In the event of any defect in the material the vendor will replace repair the material at BPCLrsquos concerned location at vendorrsquos risk and cost on due notice

133 In case vendor does not replace repair the material on due notice rejected material will

be sent to the vendor on ldquoFreight to payrdquo basis for free replacement Material after rectification of defects shall be dispatched by the vendor on ldquoFreight Paidrdquo basis Alternatively BPCL reserves the right to have the material repaired replaced at the locations concerned at the vendorrsquos risk cost and responsibility

134 The Vendor shall provide similar warrantee on the parts components fittings accessories

etc so repaired and or replaced 14 PERFORMANCE BANK GUARANTEES 141 Vendor will have to provide Performance Bank Guarantee for 10 of the basic value of

purchase order unless otherwise specified This bank guarantee shall be valid (shall remain in force) for guarantee period (as mentioned in the guarantee clause) with an invocation period of six months thereafter In the case of Indigenous vendors the Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100) PBG format is as per Annexure-I

In case PBG is not provided by the Vendor 10 of the basic value shall be retained in lieu of PBG till the expiry of guarantee and claim period

In the case of imports the Supplier shall furnish the Performance Bank Guarantee (as per Annexure-I) through the following

(a) Branches of Indian scheduled banks operating in their Country (b) Foreign bank operating in their Country which is counter guaranteed by branches of

Indian scheduled banks operating in their Country India (c) Indian branches of foreign banks (d) Foreign bank operating in their Country counter guaranteed by their Indian branch

23 | P a g e

However in respect of (c) and (d) above the Indian branch of foreign banks should be recognized as scheduled bank by Reserve Bank of India

142 If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG (ie

PBG issued against every purchase call off order) then the validity of PBG will be calculated as mentioned below

1421 Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate Contract

Period (validity of Rate Contract) + Contractual Delivery Period of material + Contractual Guarantee period + 6 month (for invocation Claim)

143 You may use following Bank details for SFMS PBG

Name of Bank State Bank of India Branch CAG Branch Mumbai Account No 11083980831 IFSC Code SBIN0009995

15 PACKING amp MARKING 151 PACKING 1511 Packing shall withstand the hazards normally encountered with the means of transport for

the goods of this purchase order including loading and unloading operation both by crane and by pushing off

In the case of imports all equipments materials shall be suitably packed in weather proof

seaworthy packing for ocean transport under tropical conditions and for rail or road or other appropriate transport in India The packing shall be strong and efficient enough to ensure safe preservance upto the final point of destination

RawSolid wood packaging material of imported items has to be appropriately treated amp

marked as per International Standard of Phytosanitary Measures (ISPM-15) for material originating from the contracting countries to the International Plant Protection Convention or the members of Food amp Agriculture Organization Material from non-contracting parties would have to be accompanied by a phytosanitary certificate of the treatment endorsed The Custom Officer at Indian Port shall not release the material without appropriate compliance of the above provisions wef 01112004

1512 The packing specification incorporated herein are supplementary to the internal and

external packing methods and standards as per current general rules of JRA Good Tariff Part-I All packaging shall be done in such a manner as to reduce volume as much as possible

1513 Fragile articles should be packed with special packing materials depending on the type of

Materials and the packing shall bear the words HANDLE WITH CARE GLASS FRAGILE DONT ROLL THIS END UP THIS END DOWN to be indicated by arrow

1514 Chemicals in powder form catalyst refractories and like materials etc shall be packed in

drums cans and tins only However Catalyst may be supplied in Jumbo bags

24 | P a g e

1515 The hazardous materials shall be packed in accordance with the applicable rules regulations and tariff of all cognizant Government Authorities and other Governing bodies It shall be the responsibility of the seller of hazardous materials to designate the material as hazardous and to identify each material by its proper commodity name and its hazardous material class code

1516 All packages requiring handling by crane should have sufficient space at appropriate place

to put sling of suitable dia (strength) IronSteel angle should be provided at the place where sling marking are made to avoid damage to package equipment while lifting

1517 Item shipped in bundles must be securely tied with steel wire or strapping Steel reinforcing

rods bars pipes structural members etc shall be bundled in uniform lengths and the weight shall be within the breaking strength of the securing wire or strapping

In the case of imports for bundles the shipping marks shall be embossed on metal or

similar tag and wired securely on each end 1518 All delicate surfaces on equipment materials should be carefully protected and printed

with protective paintcompound and wrapped to prevent rusting and damage 1519 All mechanical and electrical equipment and other heavy articles shall be securely fastened

to the case bottom and shall be blocked and braced to avoid any displacement shifting during transit

15110 Attachments and spare parts of equipment and all small pieces shall be packed separately

in wooden cases with adequate protection inside the case and wherever possible should be sent along with the main equipment Each item shall be suitably tagged with identification of main equipment item denomination and reference number of respective assembly drawing Each item of steel structure and furnaces shall be identified with two erection markings with minimum lettering height of 15mm Such markings will be followed by the collection numbers in indelible inkpaint A copy of the packing list shall accompany the materials in each package

15111 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted

wooden disc on the flanges All nozzles holes and openings and also all delicate surfaces shall be carefully protected against damage and bad weather All manufactured surfaces shall be painted with rust proof paint

In the case of imports for bulk uniform material when packed in several cases progressive

serial numbers shall be indicated on each case 15112 Wherever required equipment materials instruments shall be enveloped in polythene

bags containing silicagel or similar dehydrating compound

15113 Pipes shall be packed as under (a) Upto 50mm NB in wooden cases crates (b) Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimum

three places (c) Above 100mm NB in loose

25 | P a g e

15114 Pipes and tubes of stainless steel copper etc shall be packed in wooden cases irrespective of their sizes

15115 Pipes with threaded or flanged ends shall be protected with suitable caps covers before

packing In the case of imports all pipes and sheets shall be marked with strips bearing progressive no

15116 Detailed packing list in waterproof envelope shall be inserted in the package together with

equipmentmaterials One copy of the detailed packing list shall be fastened outside of the package in waterproof envelope and covered by metal cover

15117 The supplier shall be held liable for all damages or breakages to the goods due to the

defective or insufficient packing as well as for corrosion due to insufficient protection 15118 Packaged equipment or materials showing damage defects or shortages resulting from

improper packaging materials or packing procedures or having concealed damages or shortages at the time of unpacking shall be to the supplierrsquos account

All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearly indicated and marked ldquoATTENTION SPECIAL LOAD HANDLE WITH CARErdquo both in English Hindi Languages

In the case of imports a distinct colour splash in say red black around each package crate

bundle shall be given for identification 15119 Along with the packed material supplier should attach material list manualsinstructions

and also the Inspection certificate release note wherever applicable 152 MARKING The following details to be written on the side face of packing

a) Purchase Order Number b) Vendor Name c) Batch no with manufacturing date d) Procedure (in brief) for handling e) Date of dispatch etc

153 IMPORTED ITEMS On three sides of the packages the following marks shall appear clearly

visible with indelible paint and on Vendors care and expenses

BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions) From To Bharat Petroleum Corporation Limited (With detailed address as given in Special Purchase Conditions) Order No Rev No Item Equipment Nomenclature Net weight Kgs

26 | P a g e

Gross weight Kgs Case No of Total cases Dimensions Import License No NOTE Marking shall be bold - minimum letter height 5 cm For every order and every shipment packages must be marked with serial progressive numbering Top heavy containers shall be so marked either Top Heavy or Heavy Ends When packing material is clean and light coloured a dark black stencil paint shall be acceptable However where packaging material is soiled or dark a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings In case of large equipments like vessels heat exchangers etc the envelope containing the documents shall be fastened inside a shell connection with an identifying arrow sign documents using indelible paint

16 DELIVERY 161 Unless otherwise mentioned Vendor is requested to quote their best delivery schedule

from the date of receipt of Purchase order 162 Time being the essence of this contract the delivery mentioned in the purchase order shall

be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner Goods should be delivered securely packed and in good order and condition at the place of delivery and within the time specified in the purchase order for their delivery

163 The contractual delivery period is inclusive of all the lead time for engineering

procurement of raw material the manufacturing inspection testing packing transportation or any other activity whatsoever required to be accomplished for affecting the delivery at the required delivery point

164 Unless otherwise specified Material(s) shall not be despatched without prior inspection

andor testing and Release OrderMaterial(s) Acceptance Certificate issued by the Inspector(s)

165 BPCL shall have the right to advise any change in despatch point or destination in respect

of any Material(s) Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence will be reimbursed to the Vendor by BPCL

17 UNLOADING AND STACKING

Unloading and stacking will be arranged by BPCL The Vendor shall send BPCL information of the proposed consignment well in advance by telegramfaxe-mailcourier to enable BPCL to take necessary action

18 TRANSIT INSURANCE

27 | P a g e

Unless otherwise mentioned 181 Transit Insurance shall be in the vendorrsquos scope in the case of inland transportation of

goods 182 In the case of imports insurance against all marine and transit risk shall be covered under

the Owners marine policy However the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carriers responsibility is fully retained on the Carriers so that the consignees interests are fully secured and are in no way jeopardized

182 The Vendor shall send BPCL information of the proposed consignment well in advance by

faxe-mailcourier to enable BPCL to take necessary action for the transit insurance of the consignment Any failure by the Vendor to do so shall place the consignment at the Vendorrsquos risk

183 In the case of imports as soon as any shipment is made the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Limited (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments vessels name port of shipment bill of lading number and date total FOB and freight value

19 VALIDITY OF OFFER

The rates quoted against this tender shall be valid for a period of 180 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions

20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 201 The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered

to on the clear understanding that the Price(s) of the Material(s) hashave been fixed with reference to the said Delivery date(s)

202 If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them

beyond the stipulated date(s) of Delivery the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay and shall promptly keep BPCL informed of all subsequent developments

203 The delivery period quoted must be realistic amp specific The inability of successful Vendors

to execute orders in accordance with the agreed delivery schedule will entitle BPCL at its options to

2031 Accept delayed delivery at prices reduced by a sum equivalent to half percent (05) of the

basic value of any goods not delivered for every week of delay or part thereof limited to a maximum of 5 of the total basic order value LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract Date of receipt of materials at ownerrsquos premises shall be considered for calculation of price reduction for FOR destination contract

In the case of imports the contractual delivery date shall be considered from the date of Letter of Credit (LC) or the date of LC amendment because of Buyerrsquos fault plus one week

28 | P a g e

(to take care of transit time for receipt of LC) plus the delivery schedule as indicated by the vendors

In case of the shipment taking place on ldquoCash against documentsrdquo the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period

Further the date of BL or House airway bill shall be considered to find out the delay with respect to contractual delivery date In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any So vendor shall inform the readiness of material for shipment on FOB (Free on Board) basis FCA (Free on Carrier) basis

2032 Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor without prejudice to its right under 2031 above in respect of goods delivered

21 RISK PURCHASE CLAUSE

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms amp conditions of the order BPCL also reserves the right to procure the same or similar materialsequipment through other sources at vendors entire risk cost and consequences Further the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement

22 FORCE MAJEURE Circumstances leading to force majeure (a) Act of terrorism

(b) Riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection of military or usurped power (c) Ionising radiation or contamination radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component

(d) epidemics earthquakes flood fire hurricanes typhoons or other physical natural disaster but excluding weather conditions regardless of severity and

(e) freight embargoes strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract For the avoidance of doubt inclement weather third party breach delay in supply of materials (other than due to a nationwide transportersrsquo strike) or commercial hardship shall not constitute a Force Majeure event bull Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

6 | P a g e

18 The bids submitted should be valid for Six months from the due date of tender for our acceptance A bid valid for a shorter period shall be considered as non-responsive and rejected by the Owner Notwithstanding above the Owner may solicit the Bidder consent to an extension of the period of bid validity The request and the responses thereto shall be made in writing

19 Once the offer is accepted it will remain firm till completion of contractsorders

20 Bids should be submitted positively by the due time amp date as mentioned in this tender The e-portal system time in Indian Standard time will be the time to be considered

21 We request the bidder to carefully go through all tender documents before submitting the offer Please note that any exceptions or deviations to the tender document is necessarily to be recorded in the deviation statement attached only Any exceptionsdeviations brought out elsewhere in the bid shall not be considered

22 The bidders may be invited for a presentation to BPCL during techno-commercial evaluation before price bid opening

23 The bidders to provide their bank details PAN tax Registration numbers as applicable for updating vendor master file You are also requested to keep us informed of any change in address status of your business contact details including email address etc

24 GOVERNING LAWS The laws of Union of India shall govern all matters concerning the tender Any issue arising related to the tender or the selection process shall be adjudged by the courts in Mumbai India

25 BPCL alone reserves the right to accept or reject any or all tenders received at its absolute discretion without assigning any reason whatsoever

26 A Pre-bid meeting is scheduled at the office of BPCL Sewree Mumbai All prospective bidders can participate in the same

27 The purpose of the pre-bid meeting is to clarify any doubts of the BIDDER on the interpretation of the provisions of tender

28 Bidder(s) are requested to submit their queries mentioning form name clause no amp clause

by a letter e-mail to our office as per schedule in order to have fruitful discussions during the meeting

29 All the Bidder(s) are requested to attend the pre-bid meeting to be held at BPCL Office as per schedule

30 Earnest Money Deposit (EMD) ( also referred to as Bid SecurityEMD) You shall be required to submit the Earnest Money Deposit (EMD) as mentioned in tender if applicable in physical form by the way of demand draft or bank guarantee drawn on any Nationalised or scheduled bank in favour of Ms Bharat Petroleum Corporation Ltd and payable at Mumbai at our office in a sealed cover addressed to Procurement Leader Gr 3 with following boldly super-scribed on the outer cover CRFQ number

7 | P a g e

Item Closing dateTime Name of the tenderer It should be sent by Registered PostCourier to the following address so as to reach before the due date amp time of the tender BPCL will not be responsible for non-receipt of instrument(s) due to postal delayloss in transit etc for any reason what-so-ever Bid received without the EMD if applicable is liable to be rejected A photocopy of the instrument of EMD to be duly signed amp stamped and uploaded against relevant heading in tender Office Address CPO-MKTG Bharat Petroleum Corp Ltd lsquoArsquo Installation Sewree Fort Road Sewree-East Mumbai-400015 The Bid SecurityEMD is required to protect the Owner against the risk of Bidderrsquos conduct which would warrant the security forfeiture The bids without requisite EMD will not be considered and bids of such bidder Bidder(s) shall be rejected The bidders not submitting EMD by due time amp date shall be rejected amp their bids shall not be evaluated further Firms registered with National Small Scale Industries Corporation (NSIC) Ministry of MSME of India for the item in tender are exempted from submission of Bid SecurityEMD All bidders quoting as MSE should submit a CA certificate issued by a CA on his letter head along with MSE doc (UAMEMIINSIC) to avail the benefits of Public Procurement Policy as per MSMED Act 2006Public Procurement Policy Order 2012 In case CA certificate is not submitted bid of the vendor shall be rejected at EMD stage Please note the below further points with respect to same 1) Bidder shall have to upload scanned copy of CA certificate with stamp of TPIA mentioning as verified from original Thereupon L1 bidders shall submit the hard copy of CA certificate certified by TPIA to BPCL within 7 days of opening of price bid 2) The CA certificate should be dated after the date of floating of tender and shall be specific to the tender for which bid is being submitted 3) Format of the CA certificate is attached for reference and bidder needs to submit certificate strictly in this format else bid shall be rejected Bidders are advised to instruct their banks not to post EMD directly to Owner as the same has to be submitted to us before e-bid submission due time amp date The Bid SecurityEMD may be forfeited i) If a Bidder withdrawsalters his bid during the period of bid validity or ii) In the case of a successful Bidder if the Bidder fails or refuses to accept the contractPurchase Order in accordance with agreed terms and conditions or iii) If a Bidder changes the proposed manufacturer after submission of Bid Unsuccessful Bidders Bid SecurityEMD without any interest will be discharged returned as promptly as possible as but not later than 60 days after the expiry of the period of bid validity prescribed by the Owner The successful Bidderrsquos Bid SecurityEMD if any without any interest will be discharged upon the Bidder accepting the contract

8 | P a g e

EMD by way of DD or Bank Guarantee shall be submitted by all bidders (including Bidders registered with BPCL) Exemption for this would be in line with govt policy for MSENSIC Vendors

31 The bidder shall bear all costs associated with the preparation and submission of the bid and

BPCL will in no case be responsible or liable for these costs regardless of the conduct or outcome of the bidding process

32 BPCL is not responsible for any delays from bidder end

33 BPCL reserves the right to make any changes in terms and conditions of tender before due date of bid submission and to reject any or all bids received incomplete BPCL reserves the right to change the quantity tendered

34 BPCL reserves their right to negotiate the quoted prices with lowest bidder

35 Vendors would be qualified based on data and documents provided by them and based on information available with BPCL with regard to their credentials Owner decision on any matter regarding short listing of vendors shall be final and any bidder shall not enter into any correspondence with owner unless asked for

36 The vendors who are on holiday list by BPCL MOPNG Oil Public Sector Undertaking (PSU) will not be considered

37 Tenderers shall also have to essentially sign an Integrity Pact (IP) for participating in this tender The salient points to be noted in regard to IP are Proforma of Integrity Pact shall be uploaded by the Tenderer along with the bid documents duly signed by the same signatory who is authorized to sign the bid documents All the pages of the Integrity Pact shall be duly signed Tendererrsquos failure to upload the IP duly signed along with the bid document shall result in the bid not being considered for further evaluation If the tenderer has been disqualified from the tender process prior to the award of the contract in accordance with the provisions of the Integrity Pact BPCL shall be entitled to demand and recover from Tenderer Price reduction amount by forfeiting the EMDPerformance Guarantee as per provisions of the Integrity Pact If the contract has been terminated according to the provisions of the Integrity Pact or if BPCL is entitled to terminate the contract according to the provisions of the Integrity pact BPCL shall be entitled to demand and recover from contractor Price reduction amount by forfeiting the Performance Guarantee amount as per provisions of the Integrity Pact Tenderers may raise disputescomplaints if any with the nominated Independent External Monitor

38 All the tender documents and Annexures Techno-commercial details and Price Bids shall be required to be digitally signed with a class IIB or above digital signature by the authorized signatory The authorized signatory shall be

I Proprietor in case of proprietary concern II Authorized partner in case of partnership firm

III Director in case of a limited Company duly authorized by its board of directors to sign

9 | P a g e

IV If for any reason the proprietor or the authorized partner or director as the case may be are unable to digitally sign the document the said document should be digitally signed by the constituted attorney having full authority to sign the tender document

39 Online submission of the tender shall be considered as token of having read understood and

totally accepted all the terms and conditions

40 The bidder is expected to examine all instructions forms attachments terms and specifications in the tender document The entire tender document together with all its attachments thereto shall be considered to be read understood and accepted by the bidder unless deviations are specifically stated seriatim by the bidder Failure to furnish all information required in the tender document or submission of a bid not substantially responsive to the tender documents in every respect will be at bidders risk and may result in the rejection of his bid

41 Bidders in their own interest shall ensure that they submit their e-bid complete in all respects well within the specified bid due date and time No relaxation shall be given for delay due to any unforeseen event in submission of bid

42 At any time prior to the bid due date we may for any reason whether at its own initiative or in response to a clarification requested by a prospective Bidder modify the Bid Document The amendment will be notified through e tender portal to all prospective Bidders and will be binding on them In order to afford prospective Bidder reasonable time to take the amendment into account in preparing their bids we may at our discretion extend the bid due date

43 The bid prepared by the Bidder and all correspondence drawings and documents relating to the bid exchanged by Bidder and the Owner shall be written in ENGLISH language provided that any printed literature furnished by the Bidder may be written in another language so long as accompanied by an ENGLISH translation in which case for the purpose of interpretation of the bid the ENGLISH translation shall govern

44 Declaration with the bid qualification criteria that bidder has not been banned or delisted by any Government or quasi Government agencies or Public Sector Undertaking (PSU) as per declaration format (provided as attachment under declaration format) of the tender document should be downloaded amp then suitably filled signed stamped amp uploaded against relevant heading

45 Bidders are advised to submit bids based strictly on the terms amp conditions and specifications contained in the tender document and not to stipulate any deviations Each Bidder shall submit only one bid A Bidder who submits more than one bid will be rejected

46 The Owner may at its discretion extend the bid due date in which case all rights and obligations of the Owner and the Bidders previously subject to the bid due date shall thereafter be subject to the new bid due date as extended

47 TelexTelefax E-mailpostal offers will not be considered and shall be rejected

48 No bid shall be modified subsequent to the due date amp time or extension if any for submission of bids Bidder(s) to note that Price changes after submission of bid shall not be allowed In case any bidder gives revised pricesprice implication his bid shall be rejected No bid shall be

10 | P a g e

allowed to be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder Withdrawal of a bid during this interval shall result in the forfeiture of Bidders EMD No suo motu reduction in prices quoted by bidder shall be permitted after opening of the bid If any bidder unilaterally reduces the prices quoted by him in his bid after opening of bids the bid (s) of such bidder(s) will be liable to be rejected Such reduction shall not be considered for evaluation of prices but shall be binding on the bidder in case he happens to be a successful bidder for award of work

49 Bids that do not meet the Bid qualification criteria as specified in the bid document shall be rejected A bid with incomplete scope of work andor which does not meet the technical requirements as specified in the bid document shall be considered as non-responsive and rejected Conditional bids will be liable for rejection

50 The Owner will examine the bids to determine whether they are complete whether any computational errors have been made whether the documents have been properly signed and whether the bids are generally in order

51 The experience details and financial amp technical capabilities of the Bidder(s) shall be examined to determine whether the Bidder(s) offer meets the Bid Qualification criteria mentioned To assist in the examination evaluation and comparison of Un-priced bids the Owner may at its discretion ask the Bidder clarifications on the bid The request for such clarifications and the response thereto shall be in writing Prior to the evaluation and comparison of the bid the Owner will determine the substantial responsiveness of each bid to the bidding documents

52 Prior to the expiration of period of bid validity the Owner will notify the successful Bidder in writing or by email that his bid has been accepted The Notification of Award will constitute the formation of the Contract Delivery Period shall be counted from the date of notification of award (LetterFaxe-mail of Intent)

53 Any efforts by a Bidder to influence the Owner in the Owner bid evaluation bid comparison or contract award decisions may result in the rejection of their bid

54 VERIFICATION BY OWNER All statements submitted by Bidder regarding experience manpower availability equipment and machinery availability etc are subject to verification by the Owner either before placement of order or after placement of order If any data submitted by the Bidder at the bid stage is found to be incorrect the offer is liable to be rejected or the Contractorder is liable to be terminated

55 The relevant WCTTDS if amp as applicable will be deducted from the charges quoted by the successful bidder

56 It is for the Bidder to assess and ascertain the Tax rate applicable on quoted items It is clearly understood that Owner will not have any additional liability towards payment of taxdutycess which is based on Bidders wrong assessment interpretation of applicability of such taxdutycess For Services such as installation commissioning activities bidderrsquos quoted prices shall be inclusive of taxes applicable till complete execution of the ordercontract and Owner shall not have any liabilities whatsoever on this account Variation for any reason including Statutory levies will be vendorrsquos account Bidder shall quote rate of Tax on the quoted charges Bidder shall ensure that invoice(s) shows the tax component separately and is issued in accordance with the applicable Tax Rules Octroi Entry tax if applicable in India shall be directly paid by the vendor which shall be reimbursed by Owner at actuals on

11 | P a g e

submission of documentary proof BPCL shall not be liable in case the tax authorities assess the tax elements in a different way on account of any reason whatsoever Taxes and duties other than those specified in this document if any shall be included in the quoted prices and no reimbursement shall be made by BPCL Ownerrsquos liability with respect to taxes and duties will be restricted to the Tax as quoted by the bidder Any new or additional taxes or duties levied by statutory authorities during contract shall be borne by the bidder

57 ISSUE OF CONTRACT PURCHASE ORDER After the successful Bidder has been notified that his bid has been accepted the Owner will send to such Bidder a detailed contractPurchase Orders incorporating all the terms and conditions agreed between the parties Within 7 days of receipt of the detailed contract Purchase Order the Bidder shall sign and return to the Owner the duplicate copy of the contractorder as a token of their Acknowledgement The contract will be issued by CPO (M) dept amp call-off orderspurchase orders by EampP dept of BPCL

58 Grievance Redressal Mechanism Bharat Petroleum Corporation Limited (BPCL) has developed the Grievance Redressal Mechanism to deal with references grievances if any that is received from bidders who participated intends to participate in the Corporation tender The details of the same are available on our website wwwbharatpetroleumin

59 It shall be understood that every endeavour has been made to avoid errors which can materially affect the basis of the tender and the successful vendor shall take upon himself and provide for risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof

60 In case a Start-up is interested in supplying a tendered item but does not meet the Pre-

Qualification Criteria(PQC)Proven Track Record (PTR) of prior Turnover norm as indicated in the tender document the Start-up may be requested to write a detailed proposal separately and not against the present tender requirement to the tender issuing authority about its product Such proposal should be accompanied by relevant documents in support of Start-ups as under

I Certificate of Recognition issued by Department of Industrial Policy and Promotion (DIPP) Ministry of Commerce and Industry GOI

II Certificate of Incorporation Registration III Audited PampL Statement of all the financial years since incorporation IV In case where balance sheet has not been prepared bidder shall submit a certificate

in Original from its CEOCFO stating the turnover of the bidding entity separately for each Financial Year Since incorporation along with declaration stating the reason for not furnishing the audited PampL statement The Certificate shall be endorsed by Chartered Accountant Statutory Auditor

61 By submitting the bid the bidder undertakes as under

Iwe hereby undertake that the statements made hereininformation given in the bids through e-tendering systemannexuresformsuploaded documents referred are true in all respects and that in the event of any such statement or information being found to be incorrect in any particular the same may be construed to be a misrepresentation entitling BPCL to avoid any resultant contract Iwe further undertake as and when called upon by BPCL to produce for its inspection original(s) of the document(s) of which copies have been annexed hereto

12 | P a g e

62 For any clarification on e-tendering training uploading of document on e-procurement site please contact our service provider Ms E-procurement Technology Ltd on below numbers Phone 02224176419 E-mailsupportbpcleprocinmumbaisupporteptlin HELP DESK NOS 91-79-40016848 40016818

63 For any queries clarifications on tender technical specifications commercial points and

other terms and conditions of the tender please contact as under- Mr Seema Khadase Asst Manager Procurement CPO (MKTG) CONTACT NO 91-22-24176405 8879222134 (M) EMAIL seemakhadasebharatpetroleumin

64 In case you are not satisfied with the clarification of doubts you may escalate the query

To MrAjoy Sarkar Procurement Leader CPO (MKTG) CONTACT NO 91-22-24176412 9819971906 (M) EMAIL sarkarabharatpetroleumin

65 Office Address CPO-MKTG Bharat Petroleum Corp Ltd lsquoArsquo Installation Sewree Fort Road

Sewree-East Mumbai-400015 66 Contact details of Independent External Monitors (IEM) for Complaints and Disputes

regarding the tender only

Shri Vikram Srivastava Shri Virendra Bahadur Singh Shri Anupam Kulshreshtha

ADDRESS ADDRESS ADDRESS

E-202 Second Floor Greater Kailash Part 2 New Delhi - 110048

HNo B-564 Vineet Khand Gomati Nagar Lucknow - 226010

B-33 lsquoYarrows Apartmentsrsquo

Plot C-585 Sector 62

Noida UP -201309

vikramsrivastava1973gmailcom vbsinghipsgmailcom Anupam8gmailcom

Mob No 09810642323 Mob No 8853760730 Mob No 9968281160

Thanking you Yours faithfully for Bharat Petroleum Corporation Ltd Ajoy Sarkar Procurement Leader

13 | P a g e

General Instructions to bidders for e-tendering

1 Interested parties may download the tender from BPCL website (httpwwwBharatpetroleumin) or the CPP portal (httpeprocuregovin) or from the e-tendering website (httpsbpcleprocin) and participate in the tender as per the instructions given therein on or before the due date of the tender The tender available on the BPCL website and the CPP portal can be downloaded for reading purpose only For participation in the tender please fill up the tender online on the e-tender system available on httpsbpcleprocin 2 For registration on the e-tender site httpsbpcleprocin you can be guided by the ldquoInstructions to Vendorsrdquo available under the download section of the homepage of the website As the first step bidder shall have to click the ldquoRegisterrdquo link and fill in the requisite information in the ldquoBidder Registration Formrdquo Kindly remember your e-mail id (which will also act as the login ID) and the password entered therein Once you complete this process correctly you shall get a system generated mail Login in to the portal using your credentials When you log in for the first time system will ask you to add your Digital Signature Once you have added the Digital Signature please inform us by mail to the vendor administrator vendoradminbpcleprocin with a copy to supportbpcleprocin for approval Once approved bidders can login in to the system as and when required 3 As a pre-requisite for participation in the tender vendors are required to obtain a valid Digital Certificate of Class IIB and above (having both signing and encryption certificates) as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCIA) Controller of Certifying Authorities (CCA) The cost of obtaining the digital certificate shall be borne by the vendor In case any vendor so desires he may contact our e-procurement service provider Ms E-Procurement Technologies Ltd Ahmedabad (Contact no Tel +91 79 4001 6868 for obtaining the digital signature certificate 4 Corrigendumamendment if any shall be notified on the site httpsbpcleprocin In case any corrigendumamendment is issued after the submission of the bid then such vendors who have submitted their bids shall be intimated about the corrigendumamendment by a system-generated email It shall be assumed that the information contained therein has been taken into account by the vendor They have the choice of making changes in their bid before the due date and time 5 Price bid of only those vendors shall be opened whose Techno-Commercial bid is found to be acceptable to us The schedule for opening the price bid shall be advised separately 6 Directions for submitting online offers electronically against e-procurement tenders directly through internet (i) Vendors are advised to log on to the website (httpsbpcleprocin) and arrange to register themselves at the earliest if not done earlier (ii) The system time (IST) that will be displayed on e-Procurement web page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance (iii) Vendors are advised in their own interest to ensure that their bids are submitted in e-Procurement system well before the closing date and time of bid If the vendor intends to changerevise the bid already submitted they shall have to withdraw their bid already submitted change revise the bid and submit once again In case vendor is not able to complete

14 | P a g e

the submission of the changedrevised bid within due date amp time the system would consider it as no bid has been received from the vendor against the tender and consequently the vendor will be out of contention The process of change revise may do so any number of times till the due date and time of submission deadline However no bid can be modified after the deadline for submission of bids (iv) Once the entire process of submission of online bid is complete they will get an auto mail from the system stating you have successfully submitted your bid in the following tender with tender details (v) Bids Offers shall not be permitted in e-procurement system after the due date time of tender Hence no bid can be submitted after the due date and time of submission has elapsed (vi) No manual bidsoffers along with electronic bidsoffers shall be permitted 7 For tenders whose estimated procurement value is more than Rs 10 lakhs vendors can see the rates quoted by all the participating bidders once the price bids are opened For this purpose vendors shall have to log in to the portal under their user ID and password click on the ldquodash boardrdquo link against that tender and choose the ldquoResultsrdquo tab 8 No responsibility will be taken by BPCL andor the e-procurement service provider for any delay due to connectivity and availability of website They shall not have any liability to vendors for any interruption or delay in access to the site irrespective of the cause It is advisable that vendors who are not well conversant with e-tendering procedures start filling up the tenders much before the due date time so that there is sufficient time available with himher to acquaint with all the steps and seek help if they so require Even for those who are conversant with this type of e-tendering it is suggested to complete all the activities ahead of time It should be noted that the individual bid becomes viewable only after the opening of the bid onafter the due date and time Please be reassured that your bid will be viewable only to you and nobody else till the due date time of the tender opening The non-availability of viewing before due date and time is true for e-tendering service provider as well as BPCL officials 9 BPCL andor the e-procurement service provider shall not be responsible for any direct or indirect loss or damages and or consequential damages arising out of the bidding process including but not limited to systems problems inability to use the system loss of electronic information etc In case of any clarification pertaining to e-procurement process and system related issues the vendor may contact Ms E-Procurement Technologies Ltd at contact no Tel +91 79 40270573 followed with an e-mail to id supportbpcleprocin

15 | P a g e

General Purchase Conditions The following conditions shall be applicable for all procurement unless specifically mentioned in the Special Purchase Conditions I N D E X 1 DEFINITIONS 2 REFERENCE FOR DOCUMENTATION 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER 4 LANGUAGE OF BID 5 PRICE 6 TAXES AND DUTIES 7 INSPECTION 8 SHIPPING 9 INDIAN AGENT COMMISSION 10 ORDER AWARD EVALUATION CRITERIA 11 CONFIRMATION OF ORDER 12 PAYMENT TERMS 13 GUARANTEEWARRANTY 14 PERFORMANCE BANK GUARANTEE 15 PACKING amp MARKING 16 DELIVERY 17 UNLOADING AND STACKING 18 TRANSIT INSURANCE 19 VALIDITY OF OFFER 20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 21 RISK PURCHASE CLAUSE 22 FORCE MAJEURE CLAUSE 23 ARBITRATION CLAUSE 24 INTEGRITY PACT (IP) 25 RECOVERY OF SUMS DUE 26 CONFIDENTIALITY OF TECHNICAL INFORMATION 27 PATENTS amp ROYALTIES 28 LIABILITY CLAUSE 29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT 30 COMPLIANCE OF REGULATIONS 31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT 32 NON-WAIVER 33 NEW amp UNUSED MATERIAL 34 PURCHASE PREFERENCE CLAUSE 35 CANCELLATION 36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION 37 ASSIGNMENT 38 GOVERNING LAW 39 AMENDMENT 40 NOTICES 41 POLICY ON HOLIDAY LISTING 42 ORDER OF PRECEDENCE FOR PURCHASES 43 TERMINATION FOR CONVENIENCE

16 | P a g e

GENERAL PURCHASE CONDITIONS 1 DEFINITIONS

The following expressions used in these terms and conditions and in the purchase order shall have the meaning indicated against each of these

11 OWNER Owner means Bharat Petroleum Corporation Limited (a Government of India

enterprise) a Company incorporated in India having its registered office at Bharat Bhavan 4 amp 6 Currimbhoy Road Ballard Estate Mumbai 400038 and shall include its successors and assigns (hereafter called BPCL as a short form)

12 VENDOR Vendor means the person firm or the Company Corporation to whom this

Request for quotation (RFQ)purchase order is issued and shall include its successors and assigns

13 INSPECTOR Person agency deputed by BPCL for carrying out inspection checkingtesting

of items ordered and for certifying the items conforming to the purchase order specifications

14 GOODS MATERIALS means any of the articles materials machinery equipments

supplies drawing data and other property and all services including but not limited to design delivery installation inspection testing and commissioning specified or required to complete the order

15 SITE LOCATION means any Site where BHARAT PETROLEUM CORPORATION LIMITED

desires to receive materials any where in India as mentioned in RFQ 16 ldquoRATE CONTRACTrdquo means the agreement for supply of goods materials between Owner

and Vendor for a fixed period of time (ie till validity of Rate Contract with no commitment of contractual quantity) on mutually agreed terms and conditions The actual supply of goods materials shall take place only on issue of separate purchase orders for required quantity as and when required by Owner

17 ldquoFIRM PROCUREMENTrdquo means the agreement between the parties for mutually agreed

terms and conditions with commitment of Quantity Ordered 2 REFERENCE FOR DOCUMENTATION 21 The number and date of Collective Request for Quotation (CRFQ) must appear on all

correspondence before finalization of Rate Contract Purchase Order 22 After finalization of Contract Purchase Order The number and date of Rate Contract

Purchase Order must appear on all correspondence drawings invoices dispatch advices (including shipping documents if applicable) packing list and on any documents or papers connected with this order

23 In the case of imports the relevant particulars of the import Licence shall be duly indicated in

the invoice and shipping documents as well as on the packages or consignments 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER

17 | P a g e

The right to accept the tender will rest with the Owner 4 LANGUAGE

The Bid and all supporting documentation and all correspondence whatsoever exchanged by Vendor and Owner shall be in English language only

5 PRICE

Unless otherwise agreed to the terms of the RFQ price shall be Firm and no escalation will be entertained on any ground except on the ground of statutory levies applicable on the tendered items

6 TAXES AND DUTIES All vendors shall have VAT CSTGSTService tax registration in the concerned State and vendor shall quote their TIN number in the quotation

61 EXCISE DUTY 611 Excise duty extra as applicable at the time of delivery within scheduled delivery period will

be payable by BPCL against documentary evidence Vendor shall mention in their offer the percentage of excise duty applicable at present Any upward variation in excise duty rates beyond the contractual delivery period shall be to vendorrsquos account

612 In case Excise Duty is not applicable at present Excise duty due to change in turn over is

not payable If applicable in future the same will be borne by vendor 613 Owner shall take CENVAT Credit on the material supplied for both excise duty and cess

component and accordingly Excise duty Cess should be quoted separately wherever applicable

Vendor shall ask the transporter of the goods to hand over the copy of excise invoice (transporterrsquos copy) at the time of delivery of goods at ownerrsquos site

62 SALES TAX VATGST 621 Sales Tax as applicable at the time of delivery within scheduled delivery period will be

payable by BPCL Vendor shall give details of local sales tax and or central sales tax currently applicable in their offer The rates applicable for ldquoCST without form Crdquo ldquoCST with form C and ldquoVATrdquo shall be clearly indicated

622 Input VAT Credit may be claimed by BPCL wherever applicable Vendor shall submit the

TAX invoice 63 SERVICE TAX All vendors shall have service tax registration wherever applicable BPCL

may also claim CENVAT Credit on service tax The vendor should quote service tax separately if applicable Vendor shall submit the TAX invoice Vendor is required to furnish serially numbered and signed invoice bill challan containing the following details

Name address and registration number of the service provider Name and address of person receiving taxable service Description classification and value of taxable service provided Service Tax Payable

18 | P a g e

64 FREIGHT AND OCTROI 641 Freight Firm freight charges to be quoted as indicated in the Tender documents Freight

shall be payable after receipt of the Material(s) at the site unless otherwise specified 642 Octroi and entry taxes if any shall be invoiced separately and shall be re-imbursed by BPCL

at actuals after receipt of the Material(s) at the Site against the submission of original documentary evidence for proof of payment of the related octroi and entry taxes as the case may be

65 NEW STATUTORY LEVIES All new statutory levies leviable on sale of finished goods to

owner if applicable are payable extra by BPCL against documentary proof within the contractual delivery period

66 VARIATION IN TAXES DUTIES Any increasedecrease in all the above mentioned

statutory levies on the date of delivery during the scheduled delivery period on finished materials will be on BPCLs account Any upward variation in statutory levies after contractual delivery date shall be to vendorrsquos account

67 INCOME TAX (WITHHOLDING TAX) In the case of availment of services from Non Resident

Vendors who are claiming benefits offered under the Double Taxation Avoidance Agreements signed by India with the Government of the other country (ie the country of the Vendor) such Non Resident Vendors are required to provide the Tax Residency Certificates at the time of submission of Bid documents The Tax Residency Certificates shall contain the following details

a) Name of Vendor (assessee) b) Status (Individual Company firm etc) of assessee c) Nationality (in case of individual) d) Country or specified territory of incorporation or registration (in case of others) e) Assessee lsquos tax identification number in the country or specified territory of residence

or in case no such number then a unique number on the basis of which the person is identified by the Government of the country or the specified territory

f) Residential status for the purpose of tax g) Period for which the certificate is applicable and h) Address of the applicant for the period for which the certificate is applicable

The Tax Residency Certificate shall be duly verified by the Government of the Country or the specified territory of the assessee of which the assessee claims to be a resident for the purposes of tax

7 INSPECTION 71 Materials shall be inspected by BPCL approved third party inspection agency if applicable

before dispatch of materials However arranging and providing inspection facilities is entirely vendorrsquos responsibility and in no way shall affect the delivery schedule

72 Scope of Inspection shall be as per RFQ Materials shall be inspected as per scope of

inspection by TPIAs which are registered under ldquoNABCB accredited bodies as per

19 | P a g e

requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of Goods The link is a below

httpnabcbqciorginaccreditationreg_bod_inspection_bodiesphp 73 Unless otherwise specified the inspection shall be carried out as per the relevant

standards scope of inspection provided alongwith the Tender EnquiryPurchase Order 74 BPCL may at its own expense have its representative(s) witness any test or inspection In

order to enable BPCLrsquos representative(s) to witness the tests inspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections

75 Even if the inspection and tests are fully carried out the Vendor shall not be absolved from

its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendorrsquos responsibility shall also not be anywise reduced or discharged because BPCL or BPCLrsquos representative(s) or Inspector(s) shall have examined commented on the Vendorrsquos drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s)

76 Although material approved by the Inspector(s) if on testing and inspection after receipt

of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

8 SHIPPING 81 SEA SHIPMENT All shipment of materials shall be made by first class direct vessels

through the chartering wing Ministry of Surface Transport as per procedure detailed hereunder The Foreign Supplier shall arrange with Vessels Owners or Forwarding Agents for proper storage of the entire Cargo intended for the project in a specific manner so as to faciliate and to avoid any over carriage at the port of discharge All shipment shall be under deck unless carriage on deck is unavoidable

The bills of lading should be made out in favour of `Bharat Petroleum Corporation Limited

or order

All columns in the body of the Bill of Lading namely marks and nos material description weight particulars etc should be uniform and accurate and such statements should be uniform in all the shipping documents The freight particulars should mention the basis of freight tonnage heavy lift charges if any surcharge discount etc clearly and separately The net total freight payable shall be shown at the bottom

SHIPPING DOCUMENTS All documents viz Bill of Lading invoices packing list freight

memos country of origin certificates test certificate drawings and catalogues should be in English language

20 | P a g e

In addition of the bill of lading which should be obtained in three stamped original plus as

many copies as required invoices packing list freight memos (if the freight particulars are not shown in the bills of lading) country of origin certificate test composition certificate shall be made out against each shipment in as many number of copies as shown below

The bill of lading invoice and packing list specifically shall show uniformly the mark and

numbers contents case wise country of origin consignees name port of destination and all other particulars as indicated under clause 2 The invoice shall show the unit rates and net total FOB prices Items packed separately should also be invoiced and the value shown accordingly Packing list must show apart from other particulars actual contents in each case net and gross weights and dimensions and the total number of packages All documents should be duly signed by the Vendorrsquos authorised representatives

In the case of FOB orders shipping arrangements shall be made by the Chartering Wing of

the Ministry of Surface Transport New Delhi through their respective forwarding agents The names and addresses of forwarding agents shall be as per Special Purchase Conditions Supplier shall furnish to the respective agents the full details of consignments such as outside dimension weights (both gross and net) No of packages technical description and drawings name of supplier ports of loading etc 6-weeks notice shall be given by the supplier to enable the concerned agency to arrange shipping space

The bill of lading shall indicate the following Shipper Government of India Consignee Bharat Petroleum Corporation Limited In case of supplies from USA Export Licences if any required from the American

Authorities shall be obtained by the US Suppliers If need be assistance for obtaining such export licences would be available from India Supply Mission at Washington

82 AIRSHIPMENT In case of Airshipment the materials shall be shipped through freight

consolidator (approved by us) The airway bill shall be made out in favour of BHARAT PETROLEUM CORPORATION LIMITED

TRANSMISSION OF SHIPPING DOCUMENTS Foreign Supplier shall obtain the shipping

documents in seven complete sets including three original stamped copies of the Bill of Lading as quickly as possible after the shipment is made and airmail as shown below so that they are received at least three weeks before the Vessels arrival Foreign Supplier shall be fully responsible or any delay and or demurrage in clearance of the consignment at the port due to delay in transmittal of the shipping documents

If in terms of letter or otherwise the complete original set of documents are required to

be sent to BPCL through Bank the distribution indicated below will confine to copies of documents only minus originals

Documents BPCL (Mumbai) Bill of Lading 4 (including 1 original) Invoice 4

21 | P a g e

Packing List 4 Freight Memo 4 Country of Origin Certificate 4 Third party inspection certificate 4 Drawing 4 Catalogue 4 Invoice of Third Party 4 for inspection charges whenever applicable

9 INDIAN AGENT COMMISSION

Any offer through Indian agents will be considered only after authorization mentioning them as Indian agents is received from Vendor Indian agents commission if applicable will be payable only in Indian currency Indian agents should be registered with Directorate General of Supplies and Disposals Government of India and agency commission will be payable only after registration with DGSampD New Delhi

10 ORDER AWARD EVALUATION CRITERIA

Unless otherwise specified Order award criteria will be on lowest quote landed price basis Landed price will be summation of Basic Price Packing amp Forwarding Charges Excise Duty Sales Tax Freight Inspection Octroi Supervision of Installation amp Commissioning and other taxes amp levies loading etc if any reduced by cenvatvat credit as applicable

11 CONFIRMATION OF ORDER

The vendor shall acknowledge the receipt of the purchase order within 10 days of mailing the same The vendor shall sign stamp the acknowledgement copy of the purchase order and return the same to BPCL

12 PAYMENT TERMS 121 Unless otherwise specified 100 payment shall be made within 30 days from date of

receipt and acceptance of materials at Site against submission of Peformance Bank Guarantee (PBG) for 10 of basic order value if PBG is applicable for the tender

122 In the case of imports payment will be made on submission of original documents directly

to Owner (Telegraphic Transfer-TT) or through Bank (Cash against documents-CAD) or through Irrevocable Letter of Credit

123 Unless otherwise mentioned the specified documents (All documents listed below (one

original and two copies) should be submitted to originator of PO (the name and contact details of whom are given in PO) and payments for despatches will be made by the originator of Purchase Order a) Invoice b) Excise invoice c) The Lorry Receipt of the consignment d) Packing list for the consignment e) Third Party Inspectorrsquos Certificate covering the invoiced Material(s) Release Note

wherever applicable f) Manufacturers TestComposition Certificate wherever applicable g) Drawing(s)Catalogue(s) covering the Material(s) wherever applicable h) GuaranteeWarranty Certificate(s) wherever applicable i) Original Receipt for Octroiother statutory levies as applicable

22 | P a g e

j) Performance Bank Guarantee as applicable 13 GUARANTEE WARRANTY 131 Materials shall be guaranteed against manufacturing defects materials workmanship

and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier Warranty for replacement of material accessories should be provided free of charges at our premises The above guaranteewarranty will be without prejudice to the certificate of inspection or material receipt note issued by us in respect of the materials In case the defect arises within the abovementioned Defect Liability Period (DLP) and the same is repairedreplaced the DLP for the repairedreplaced jobitem will be extended suitably so as to cover the original DLP However in no case such extension will exceed 24 months from date of start of initial DLP

132 All the materials including components and sub contracted items should be guaranteed by

the vendor within the warranty period mentioned above In the event of any defect in the material the vendor will replace repair the material at BPCLrsquos concerned location at vendorrsquos risk and cost on due notice

133 In case vendor does not replace repair the material on due notice rejected material will

be sent to the vendor on ldquoFreight to payrdquo basis for free replacement Material after rectification of defects shall be dispatched by the vendor on ldquoFreight Paidrdquo basis Alternatively BPCL reserves the right to have the material repaired replaced at the locations concerned at the vendorrsquos risk cost and responsibility

134 The Vendor shall provide similar warrantee on the parts components fittings accessories

etc so repaired and or replaced 14 PERFORMANCE BANK GUARANTEES 141 Vendor will have to provide Performance Bank Guarantee for 10 of the basic value of

purchase order unless otherwise specified This bank guarantee shall be valid (shall remain in force) for guarantee period (as mentioned in the guarantee clause) with an invocation period of six months thereafter In the case of Indigenous vendors the Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100) PBG format is as per Annexure-I

In case PBG is not provided by the Vendor 10 of the basic value shall be retained in lieu of PBG till the expiry of guarantee and claim period

In the case of imports the Supplier shall furnish the Performance Bank Guarantee (as per Annexure-I) through the following

(a) Branches of Indian scheduled banks operating in their Country (b) Foreign bank operating in their Country which is counter guaranteed by branches of

Indian scheduled banks operating in their Country India (c) Indian branches of foreign banks (d) Foreign bank operating in their Country counter guaranteed by their Indian branch

23 | P a g e

However in respect of (c) and (d) above the Indian branch of foreign banks should be recognized as scheduled bank by Reserve Bank of India

142 If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG (ie

PBG issued against every purchase call off order) then the validity of PBG will be calculated as mentioned below

1421 Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate Contract

Period (validity of Rate Contract) + Contractual Delivery Period of material + Contractual Guarantee period + 6 month (for invocation Claim)

143 You may use following Bank details for SFMS PBG

Name of Bank State Bank of India Branch CAG Branch Mumbai Account No 11083980831 IFSC Code SBIN0009995

15 PACKING amp MARKING 151 PACKING 1511 Packing shall withstand the hazards normally encountered with the means of transport for

the goods of this purchase order including loading and unloading operation both by crane and by pushing off

In the case of imports all equipments materials shall be suitably packed in weather proof

seaworthy packing for ocean transport under tropical conditions and for rail or road or other appropriate transport in India The packing shall be strong and efficient enough to ensure safe preservance upto the final point of destination

RawSolid wood packaging material of imported items has to be appropriately treated amp

marked as per International Standard of Phytosanitary Measures (ISPM-15) for material originating from the contracting countries to the International Plant Protection Convention or the members of Food amp Agriculture Organization Material from non-contracting parties would have to be accompanied by a phytosanitary certificate of the treatment endorsed The Custom Officer at Indian Port shall not release the material without appropriate compliance of the above provisions wef 01112004

1512 The packing specification incorporated herein are supplementary to the internal and

external packing methods and standards as per current general rules of JRA Good Tariff Part-I All packaging shall be done in such a manner as to reduce volume as much as possible

1513 Fragile articles should be packed with special packing materials depending on the type of

Materials and the packing shall bear the words HANDLE WITH CARE GLASS FRAGILE DONT ROLL THIS END UP THIS END DOWN to be indicated by arrow

1514 Chemicals in powder form catalyst refractories and like materials etc shall be packed in

drums cans and tins only However Catalyst may be supplied in Jumbo bags

24 | P a g e

1515 The hazardous materials shall be packed in accordance with the applicable rules regulations and tariff of all cognizant Government Authorities and other Governing bodies It shall be the responsibility of the seller of hazardous materials to designate the material as hazardous and to identify each material by its proper commodity name and its hazardous material class code

1516 All packages requiring handling by crane should have sufficient space at appropriate place

to put sling of suitable dia (strength) IronSteel angle should be provided at the place where sling marking are made to avoid damage to package equipment while lifting

1517 Item shipped in bundles must be securely tied with steel wire or strapping Steel reinforcing

rods bars pipes structural members etc shall be bundled in uniform lengths and the weight shall be within the breaking strength of the securing wire or strapping

In the case of imports for bundles the shipping marks shall be embossed on metal or

similar tag and wired securely on each end 1518 All delicate surfaces on equipment materials should be carefully protected and printed

with protective paintcompound and wrapped to prevent rusting and damage 1519 All mechanical and electrical equipment and other heavy articles shall be securely fastened

to the case bottom and shall be blocked and braced to avoid any displacement shifting during transit

15110 Attachments and spare parts of equipment and all small pieces shall be packed separately

in wooden cases with adequate protection inside the case and wherever possible should be sent along with the main equipment Each item shall be suitably tagged with identification of main equipment item denomination and reference number of respective assembly drawing Each item of steel structure and furnaces shall be identified with two erection markings with minimum lettering height of 15mm Such markings will be followed by the collection numbers in indelible inkpaint A copy of the packing list shall accompany the materials in each package

15111 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted

wooden disc on the flanges All nozzles holes and openings and also all delicate surfaces shall be carefully protected against damage and bad weather All manufactured surfaces shall be painted with rust proof paint

In the case of imports for bulk uniform material when packed in several cases progressive

serial numbers shall be indicated on each case 15112 Wherever required equipment materials instruments shall be enveloped in polythene

bags containing silicagel or similar dehydrating compound

15113 Pipes shall be packed as under (a) Upto 50mm NB in wooden cases crates (b) Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimum

three places (c) Above 100mm NB in loose

25 | P a g e

15114 Pipes and tubes of stainless steel copper etc shall be packed in wooden cases irrespective of their sizes

15115 Pipes with threaded or flanged ends shall be protected with suitable caps covers before

packing In the case of imports all pipes and sheets shall be marked with strips bearing progressive no

15116 Detailed packing list in waterproof envelope shall be inserted in the package together with

equipmentmaterials One copy of the detailed packing list shall be fastened outside of the package in waterproof envelope and covered by metal cover

15117 The supplier shall be held liable for all damages or breakages to the goods due to the

defective or insufficient packing as well as for corrosion due to insufficient protection 15118 Packaged equipment or materials showing damage defects or shortages resulting from

improper packaging materials or packing procedures or having concealed damages or shortages at the time of unpacking shall be to the supplierrsquos account

All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearly indicated and marked ldquoATTENTION SPECIAL LOAD HANDLE WITH CARErdquo both in English Hindi Languages

In the case of imports a distinct colour splash in say red black around each package crate

bundle shall be given for identification 15119 Along with the packed material supplier should attach material list manualsinstructions

and also the Inspection certificate release note wherever applicable 152 MARKING The following details to be written on the side face of packing

a) Purchase Order Number b) Vendor Name c) Batch no with manufacturing date d) Procedure (in brief) for handling e) Date of dispatch etc

153 IMPORTED ITEMS On three sides of the packages the following marks shall appear clearly

visible with indelible paint and on Vendors care and expenses

BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions) From To Bharat Petroleum Corporation Limited (With detailed address as given in Special Purchase Conditions) Order No Rev No Item Equipment Nomenclature Net weight Kgs

26 | P a g e

Gross weight Kgs Case No of Total cases Dimensions Import License No NOTE Marking shall be bold - minimum letter height 5 cm For every order and every shipment packages must be marked with serial progressive numbering Top heavy containers shall be so marked either Top Heavy or Heavy Ends When packing material is clean and light coloured a dark black stencil paint shall be acceptable However where packaging material is soiled or dark a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings In case of large equipments like vessels heat exchangers etc the envelope containing the documents shall be fastened inside a shell connection with an identifying arrow sign documents using indelible paint

16 DELIVERY 161 Unless otherwise mentioned Vendor is requested to quote their best delivery schedule

from the date of receipt of Purchase order 162 Time being the essence of this contract the delivery mentioned in the purchase order shall

be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner Goods should be delivered securely packed and in good order and condition at the place of delivery and within the time specified in the purchase order for their delivery

163 The contractual delivery period is inclusive of all the lead time for engineering

procurement of raw material the manufacturing inspection testing packing transportation or any other activity whatsoever required to be accomplished for affecting the delivery at the required delivery point

164 Unless otherwise specified Material(s) shall not be despatched without prior inspection

andor testing and Release OrderMaterial(s) Acceptance Certificate issued by the Inspector(s)

165 BPCL shall have the right to advise any change in despatch point or destination in respect

of any Material(s) Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence will be reimbursed to the Vendor by BPCL

17 UNLOADING AND STACKING

Unloading and stacking will be arranged by BPCL The Vendor shall send BPCL information of the proposed consignment well in advance by telegramfaxe-mailcourier to enable BPCL to take necessary action

18 TRANSIT INSURANCE

27 | P a g e

Unless otherwise mentioned 181 Transit Insurance shall be in the vendorrsquos scope in the case of inland transportation of

goods 182 In the case of imports insurance against all marine and transit risk shall be covered under

the Owners marine policy However the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carriers responsibility is fully retained on the Carriers so that the consignees interests are fully secured and are in no way jeopardized

182 The Vendor shall send BPCL information of the proposed consignment well in advance by

faxe-mailcourier to enable BPCL to take necessary action for the transit insurance of the consignment Any failure by the Vendor to do so shall place the consignment at the Vendorrsquos risk

183 In the case of imports as soon as any shipment is made the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Limited (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments vessels name port of shipment bill of lading number and date total FOB and freight value

19 VALIDITY OF OFFER

The rates quoted against this tender shall be valid for a period of 180 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions

20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 201 The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered

to on the clear understanding that the Price(s) of the Material(s) hashave been fixed with reference to the said Delivery date(s)

202 If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them

beyond the stipulated date(s) of Delivery the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay and shall promptly keep BPCL informed of all subsequent developments

203 The delivery period quoted must be realistic amp specific The inability of successful Vendors

to execute orders in accordance with the agreed delivery schedule will entitle BPCL at its options to

2031 Accept delayed delivery at prices reduced by a sum equivalent to half percent (05) of the

basic value of any goods not delivered for every week of delay or part thereof limited to a maximum of 5 of the total basic order value LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract Date of receipt of materials at ownerrsquos premises shall be considered for calculation of price reduction for FOR destination contract

In the case of imports the contractual delivery date shall be considered from the date of Letter of Credit (LC) or the date of LC amendment because of Buyerrsquos fault plus one week

28 | P a g e

(to take care of transit time for receipt of LC) plus the delivery schedule as indicated by the vendors

In case of the shipment taking place on ldquoCash against documentsrdquo the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period

Further the date of BL or House airway bill shall be considered to find out the delay with respect to contractual delivery date In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any So vendor shall inform the readiness of material for shipment on FOB (Free on Board) basis FCA (Free on Carrier) basis

2032 Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor without prejudice to its right under 2031 above in respect of goods delivered

21 RISK PURCHASE CLAUSE

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms amp conditions of the order BPCL also reserves the right to procure the same or similar materialsequipment through other sources at vendors entire risk cost and consequences Further the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement

22 FORCE MAJEURE Circumstances leading to force majeure (a) Act of terrorism

(b) Riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection of military or usurped power (c) Ionising radiation or contamination radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component

(d) epidemics earthquakes flood fire hurricanes typhoons or other physical natural disaster but excluding weather conditions regardless of severity and

(e) freight embargoes strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract For the avoidance of doubt inclement weather third party breach delay in supply of materials (other than due to a nationwide transportersrsquo strike) or commercial hardship shall not constitute a Force Majeure event bull Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

7 | P a g e

Item Closing dateTime Name of the tenderer It should be sent by Registered PostCourier to the following address so as to reach before the due date amp time of the tender BPCL will not be responsible for non-receipt of instrument(s) due to postal delayloss in transit etc for any reason what-so-ever Bid received without the EMD if applicable is liable to be rejected A photocopy of the instrument of EMD to be duly signed amp stamped and uploaded against relevant heading in tender Office Address CPO-MKTG Bharat Petroleum Corp Ltd lsquoArsquo Installation Sewree Fort Road Sewree-East Mumbai-400015 The Bid SecurityEMD is required to protect the Owner against the risk of Bidderrsquos conduct which would warrant the security forfeiture The bids without requisite EMD will not be considered and bids of such bidder Bidder(s) shall be rejected The bidders not submitting EMD by due time amp date shall be rejected amp their bids shall not be evaluated further Firms registered with National Small Scale Industries Corporation (NSIC) Ministry of MSME of India for the item in tender are exempted from submission of Bid SecurityEMD All bidders quoting as MSE should submit a CA certificate issued by a CA on his letter head along with MSE doc (UAMEMIINSIC) to avail the benefits of Public Procurement Policy as per MSMED Act 2006Public Procurement Policy Order 2012 In case CA certificate is not submitted bid of the vendor shall be rejected at EMD stage Please note the below further points with respect to same 1) Bidder shall have to upload scanned copy of CA certificate with stamp of TPIA mentioning as verified from original Thereupon L1 bidders shall submit the hard copy of CA certificate certified by TPIA to BPCL within 7 days of opening of price bid 2) The CA certificate should be dated after the date of floating of tender and shall be specific to the tender for which bid is being submitted 3) Format of the CA certificate is attached for reference and bidder needs to submit certificate strictly in this format else bid shall be rejected Bidders are advised to instruct their banks not to post EMD directly to Owner as the same has to be submitted to us before e-bid submission due time amp date The Bid SecurityEMD may be forfeited i) If a Bidder withdrawsalters his bid during the period of bid validity or ii) In the case of a successful Bidder if the Bidder fails or refuses to accept the contractPurchase Order in accordance with agreed terms and conditions or iii) If a Bidder changes the proposed manufacturer after submission of Bid Unsuccessful Bidders Bid SecurityEMD without any interest will be discharged returned as promptly as possible as but not later than 60 days after the expiry of the period of bid validity prescribed by the Owner The successful Bidderrsquos Bid SecurityEMD if any without any interest will be discharged upon the Bidder accepting the contract

8 | P a g e

EMD by way of DD or Bank Guarantee shall be submitted by all bidders (including Bidders registered with BPCL) Exemption for this would be in line with govt policy for MSENSIC Vendors

31 The bidder shall bear all costs associated with the preparation and submission of the bid and

BPCL will in no case be responsible or liable for these costs regardless of the conduct or outcome of the bidding process

32 BPCL is not responsible for any delays from bidder end

33 BPCL reserves the right to make any changes in terms and conditions of tender before due date of bid submission and to reject any or all bids received incomplete BPCL reserves the right to change the quantity tendered

34 BPCL reserves their right to negotiate the quoted prices with lowest bidder

35 Vendors would be qualified based on data and documents provided by them and based on information available with BPCL with regard to their credentials Owner decision on any matter regarding short listing of vendors shall be final and any bidder shall not enter into any correspondence with owner unless asked for

36 The vendors who are on holiday list by BPCL MOPNG Oil Public Sector Undertaking (PSU) will not be considered

37 Tenderers shall also have to essentially sign an Integrity Pact (IP) for participating in this tender The salient points to be noted in regard to IP are Proforma of Integrity Pact shall be uploaded by the Tenderer along with the bid documents duly signed by the same signatory who is authorized to sign the bid documents All the pages of the Integrity Pact shall be duly signed Tendererrsquos failure to upload the IP duly signed along with the bid document shall result in the bid not being considered for further evaluation If the tenderer has been disqualified from the tender process prior to the award of the contract in accordance with the provisions of the Integrity Pact BPCL shall be entitled to demand and recover from Tenderer Price reduction amount by forfeiting the EMDPerformance Guarantee as per provisions of the Integrity Pact If the contract has been terminated according to the provisions of the Integrity Pact or if BPCL is entitled to terminate the contract according to the provisions of the Integrity pact BPCL shall be entitled to demand and recover from contractor Price reduction amount by forfeiting the Performance Guarantee amount as per provisions of the Integrity Pact Tenderers may raise disputescomplaints if any with the nominated Independent External Monitor

38 All the tender documents and Annexures Techno-commercial details and Price Bids shall be required to be digitally signed with a class IIB or above digital signature by the authorized signatory The authorized signatory shall be

I Proprietor in case of proprietary concern II Authorized partner in case of partnership firm

III Director in case of a limited Company duly authorized by its board of directors to sign

9 | P a g e

IV If for any reason the proprietor or the authorized partner or director as the case may be are unable to digitally sign the document the said document should be digitally signed by the constituted attorney having full authority to sign the tender document

39 Online submission of the tender shall be considered as token of having read understood and

totally accepted all the terms and conditions

40 The bidder is expected to examine all instructions forms attachments terms and specifications in the tender document The entire tender document together with all its attachments thereto shall be considered to be read understood and accepted by the bidder unless deviations are specifically stated seriatim by the bidder Failure to furnish all information required in the tender document or submission of a bid not substantially responsive to the tender documents in every respect will be at bidders risk and may result in the rejection of his bid

41 Bidders in their own interest shall ensure that they submit their e-bid complete in all respects well within the specified bid due date and time No relaxation shall be given for delay due to any unforeseen event in submission of bid

42 At any time prior to the bid due date we may for any reason whether at its own initiative or in response to a clarification requested by a prospective Bidder modify the Bid Document The amendment will be notified through e tender portal to all prospective Bidders and will be binding on them In order to afford prospective Bidder reasonable time to take the amendment into account in preparing their bids we may at our discretion extend the bid due date

43 The bid prepared by the Bidder and all correspondence drawings and documents relating to the bid exchanged by Bidder and the Owner shall be written in ENGLISH language provided that any printed literature furnished by the Bidder may be written in another language so long as accompanied by an ENGLISH translation in which case for the purpose of interpretation of the bid the ENGLISH translation shall govern

44 Declaration with the bid qualification criteria that bidder has not been banned or delisted by any Government or quasi Government agencies or Public Sector Undertaking (PSU) as per declaration format (provided as attachment under declaration format) of the tender document should be downloaded amp then suitably filled signed stamped amp uploaded against relevant heading

45 Bidders are advised to submit bids based strictly on the terms amp conditions and specifications contained in the tender document and not to stipulate any deviations Each Bidder shall submit only one bid A Bidder who submits more than one bid will be rejected

46 The Owner may at its discretion extend the bid due date in which case all rights and obligations of the Owner and the Bidders previously subject to the bid due date shall thereafter be subject to the new bid due date as extended

47 TelexTelefax E-mailpostal offers will not be considered and shall be rejected

48 No bid shall be modified subsequent to the due date amp time or extension if any for submission of bids Bidder(s) to note that Price changes after submission of bid shall not be allowed In case any bidder gives revised pricesprice implication his bid shall be rejected No bid shall be

10 | P a g e

allowed to be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder Withdrawal of a bid during this interval shall result in the forfeiture of Bidders EMD No suo motu reduction in prices quoted by bidder shall be permitted after opening of the bid If any bidder unilaterally reduces the prices quoted by him in his bid after opening of bids the bid (s) of such bidder(s) will be liable to be rejected Such reduction shall not be considered for evaluation of prices but shall be binding on the bidder in case he happens to be a successful bidder for award of work

49 Bids that do not meet the Bid qualification criteria as specified in the bid document shall be rejected A bid with incomplete scope of work andor which does not meet the technical requirements as specified in the bid document shall be considered as non-responsive and rejected Conditional bids will be liable for rejection

50 The Owner will examine the bids to determine whether they are complete whether any computational errors have been made whether the documents have been properly signed and whether the bids are generally in order

51 The experience details and financial amp technical capabilities of the Bidder(s) shall be examined to determine whether the Bidder(s) offer meets the Bid Qualification criteria mentioned To assist in the examination evaluation and comparison of Un-priced bids the Owner may at its discretion ask the Bidder clarifications on the bid The request for such clarifications and the response thereto shall be in writing Prior to the evaluation and comparison of the bid the Owner will determine the substantial responsiveness of each bid to the bidding documents

52 Prior to the expiration of period of bid validity the Owner will notify the successful Bidder in writing or by email that his bid has been accepted The Notification of Award will constitute the formation of the Contract Delivery Period shall be counted from the date of notification of award (LetterFaxe-mail of Intent)

53 Any efforts by a Bidder to influence the Owner in the Owner bid evaluation bid comparison or contract award decisions may result in the rejection of their bid

54 VERIFICATION BY OWNER All statements submitted by Bidder regarding experience manpower availability equipment and machinery availability etc are subject to verification by the Owner either before placement of order or after placement of order If any data submitted by the Bidder at the bid stage is found to be incorrect the offer is liable to be rejected or the Contractorder is liable to be terminated

55 The relevant WCTTDS if amp as applicable will be deducted from the charges quoted by the successful bidder

56 It is for the Bidder to assess and ascertain the Tax rate applicable on quoted items It is clearly understood that Owner will not have any additional liability towards payment of taxdutycess which is based on Bidders wrong assessment interpretation of applicability of such taxdutycess For Services such as installation commissioning activities bidderrsquos quoted prices shall be inclusive of taxes applicable till complete execution of the ordercontract and Owner shall not have any liabilities whatsoever on this account Variation for any reason including Statutory levies will be vendorrsquos account Bidder shall quote rate of Tax on the quoted charges Bidder shall ensure that invoice(s) shows the tax component separately and is issued in accordance with the applicable Tax Rules Octroi Entry tax if applicable in India shall be directly paid by the vendor which shall be reimbursed by Owner at actuals on

11 | P a g e

submission of documentary proof BPCL shall not be liable in case the tax authorities assess the tax elements in a different way on account of any reason whatsoever Taxes and duties other than those specified in this document if any shall be included in the quoted prices and no reimbursement shall be made by BPCL Ownerrsquos liability with respect to taxes and duties will be restricted to the Tax as quoted by the bidder Any new or additional taxes or duties levied by statutory authorities during contract shall be borne by the bidder

57 ISSUE OF CONTRACT PURCHASE ORDER After the successful Bidder has been notified that his bid has been accepted the Owner will send to such Bidder a detailed contractPurchase Orders incorporating all the terms and conditions agreed between the parties Within 7 days of receipt of the detailed contract Purchase Order the Bidder shall sign and return to the Owner the duplicate copy of the contractorder as a token of their Acknowledgement The contract will be issued by CPO (M) dept amp call-off orderspurchase orders by EampP dept of BPCL

58 Grievance Redressal Mechanism Bharat Petroleum Corporation Limited (BPCL) has developed the Grievance Redressal Mechanism to deal with references grievances if any that is received from bidders who participated intends to participate in the Corporation tender The details of the same are available on our website wwwbharatpetroleumin

59 It shall be understood that every endeavour has been made to avoid errors which can materially affect the basis of the tender and the successful vendor shall take upon himself and provide for risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof

60 In case a Start-up is interested in supplying a tendered item but does not meet the Pre-

Qualification Criteria(PQC)Proven Track Record (PTR) of prior Turnover norm as indicated in the tender document the Start-up may be requested to write a detailed proposal separately and not against the present tender requirement to the tender issuing authority about its product Such proposal should be accompanied by relevant documents in support of Start-ups as under

I Certificate of Recognition issued by Department of Industrial Policy and Promotion (DIPP) Ministry of Commerce and Industry GOI

II Certificate of Incorporation Registration III Audited PampL Statement of all the financial years since incorporation IV In case where balance sheet has not been prepared bidder shall submit a certificate

in Original from its CEOCFO stating the turnover of the bidding entity separately for each Financial Year Since incorporation along with declaration stating the reason for not furnishing the audited PampL statement The Certificate shall be endorsed by Chartered Accountant Statutory Auditor

61 By submitting the bid the bidder undertakes as under

Iwe hereby undertake that the statements made hereininformation given in the bids through e-tendering systemannexuresformsuploaded documents referred are true in all respects and that in the event of any such statement or information being found to be incorrect in any particular the same may be construed to be a misrepresentation entitling BPCL to avoid any resultant contract Iwe further undertake as and when called upon by BPCL to produce for its inspection original(s) of the document(s) of which copies have been annexed hereto

12 | P a g e

62 For any clarification on e-tendering training uploading of document on e-procurement site please contact our service provider Ms E-procurement Technology Ltd on below numbers Phone 02224176419 E-mailsupportbpcleprocinmumbaisupporteptlin HELP DESK NOS 91-79-40016848 40016818

63 For any queries clarifications on tender technical specifications commercial points and

other terms and conditions of the tender please contact as under- Mr Seema Khadase Asst Manager Procurement CPO (MKTG) CONTACT NO 91-22-24176405 8879222134 (M) EMAIL seemakhadasebharatpetroleumin

64 In case you are not satisfied with the clarification of doubts you may escalate the query

To MrAjoy Sarkar Procurement Leader CPO (MKTG) CONTACT NO 91-22-24176412 9819971906 (M) EMAIL sarkarabharatpetroleumin

65 Office Address CPO-MKTG Bharat Petroleum Corp Ltd lsquoArsquo Installation Sewree Fort Road

Sewree-East Mumbai-400015 66 Contact details of Independent External Monitors (IEM) for Complaints and Disputes

regarding the tender only

Shri Vikram Srivastava Shri Virendra Bahadur Singh Shri Anupam Kulshreshtha

ADDRESS ADDRESS ADDRESS

E-202 Second Floor Greater Kailash Part 2 New Delhi - 110048

HNo B-564 Vineet Khand Gomati Nagar Lucknow - 226010

B-33 lsquoYarrows Apartmentsrsquo

Plot C-585 Sector 62

Noida UP -201309

vikramsrivastava1973gmailcom vbsinghipsgmailcom Anupam8gmailcom

Mob No 09810642323 Mob No 8853760730 Mob No 9968281160

Thanking you Yours faithfully for Bharat Petroleum Corporation Ltd Ajoy Sarkar Procurement Leader

13 | P a g e

General Instructions to bidders for e-tendering

1 Interested parties may download the tender from BPCL website (httpwwwBharatpetroleumin) or the CPP portal (httpeprocuregovin) or from the e-tendering website (httpsbpcleprocin) and participate in the tender as per the instructions given therein on or before the due date of the tender The tender available on the BPCL website and the CPP portal can be downloaded for reading purpose only For participation in the tender please fill up the tender online on the e-tender system available on httpsbpcleprocin 2 For registration on the e-tender site httpsbpcleprocin you can be guided by the ldquoInstructions to Vendorsrdquo available under the download section of the homepage of the website As the first step bidder shall have to click the ldquoRegisterrdquo link and fill in the requisite information in the ldquoBidder Registration Formrdquo Kindly remember your e-mail id (which will also act as the login ID) and the password entered therein Once you complete this process correctly you shall get a system generated mail Login in to the portal using your credentials When you log in for the first time system will ask you to add your Digital Signature Once you have added the Digital Signature please inform us by mail to the vendor administrator vendoradminbpcleprocin with a copy to supportbpcleprocin for approval Once approved bidders can login in to the system as and when required 3 As a pre-requisite for participation in the tender vendors are required to obtain a valid Digital Certificate of Class IIB and above (having both signing and encryption certificates) as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCIA) Controller of Certifying Authorities (CCA) The cost of obtaining the digital certificate shall be borne by the vendor In case any vendor so desires he may contact our e-procurement service provider Ms E-Procurement Technologies Ltd Ahmedabad (Contact no Tel +91 79 4001 6868 for obtaining the digital signature certificate 4 Corrigendumamendment if any shall be notified on the site httpsbpcleprocin In case any corrigendumamendment is issued after the submission of the bid then such vendors who have submitted their bids shall be intimated about the corrigendumamendment by a system-generated email It shall be assumed that the information contained therein has been taken into account by the vendor They have the choice of making changes in their bid before the due date and time 5 Price bid of only those vendors shall be opened whose Techno-Commercial bid is found to be acceptable to us The schedule for opening the price bid shall be advised separately 6 Directions for submitting online offers electronically against e-procurement tenders directly through internet (i) Vendors are advised to log on to the website (httpsbpcleprocin) and arrange to register themselves at the earliest if not done earlier (ii) The system time (IST) that will be displayed on e-Procurement web page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance (iii) Vendors are advised in their own interest to ensure that their bids are submitted in e-Procurement system well before the closing date and time of bid If the vendor intends to changerevise the bid already submitted they shall have to withdraw their bid already submitted change revise the bid and submit once again In case vendor is not able to complete

14 | P a g e

the submission of the changedrevised bid within due date amp time the system would consider it as no bid has been received from the vendor against the tender and consequently the vendor will be out of contention The process of change revise may do so any number of times till the due date and time of submission deadline However no bid can be modified after the deadline for submission of bids (iv) Once the entire process of submission of online bid is complete they will get an auto mail from the system stating you have successfully submitted your bid in the following tender with tender details (v) Bids Offers shall not be permitted in e-procurement system after the due date time of tender Hence no bid can be submitted after the due date and time of submission has elapsed (vi) No manual bidsoffers along with electronic bidsoffers shall be permitted 7 For tenders whose estimated procurement value is more than Rs 10 lakhs vendors can see the rates quoted by all the participating bidders once the price bids are opened For this purpose vendors shall have to log in to the portal under their user ID and password click on the ldquodash boardrdquo link against that tender and choose the ldquoResultsrdquo tab 8 No responsibility will be taken by BPCL andor the e-procurement service provider for any delay due to connectivity and availability of website They shall not have any liability to vendors for any interruption or delay in access to the site irrespective of the cause It is advisable that vendors who are not well conversant with e-tendering procedures start filling up the tenders much before the due date time so that there is sufficient time available with himher to acquaint with all the steps and seek help if they so require Even for those who are conversant with this type of e-tendering it is suggested to complete all the activities ahead of time It should be noted that the individual bid becomes viewable only after the opening of the bid onafter the due date and time Please be reassured that your bid will be viewable only to you and nobody else till the due date time of the tender opening The non-availability of viewing before due date and time is true for e-tendering service provider as well as BPCL officials 9 BPCL andor the e-procurement service provider shall not be responsible for any direct or indirect loss or damages and or consequential damages arising out of the bidding process including but not limited to systems problems inability to use the system loss of electronic information etc In case of any clarification pertaining to e-procurement process and system related issues the vendor may contact Ms E-Procurement Technologies Ltd at contact no Tel +91 79 40270573 followed with an e-mail to id supportbpcleprocin

15 | P a g e

General Purchase Conditions The following conditions shall be applicable for all procurement unless specifically mentioned in the Special Purchase Conditions I N D E X 1 DEFINITIONS 2 REFERENCE FOR DOCUMENTATION 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER 4 LANGUAGE OF BID 5 PRICE 6 TAXES AND DUTIES 7 INSPECTION 8 SHIPPING 9 INDIAN AGENT COMMISSION 10 ORDER AWARD EVALUATION CRITERIA 11 CONFIRMATION OF ORDER 12 PAYMENT TERMS 13 GUARANTEEWARRANTY 14 PERFORMANCE BANK GUARANTEE 15 PACKING amp MARKING 16 DELIVERY 17 UNLOADING AND STACKING 18 TRANSIT INSURANCE 19 VALIDITY OF OFFER 20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 21 RISK PURCHASE CLAUSE 22 FORCE MAJEURE CLAUSE 23 ARBITRATION CLAUSE 24 INTEGRITY PACT (IP) 25 RECOVERY OF SUMS DUE 26 CONFIDENTIALITY OF TECHNICAL INFORMATION 27 PATENTS amp ROYALTIES 28 LIABILITY CLAUSE 29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT 30 COMPLIANCE OF REGULATIONS 31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT 32 NON-WAIVER 33 NEW amp UNUSED MATERIAL 34 PURCHASE PREFERENCE CLAUSE 35 CANCELLATION 36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION 37 ASSIGNMENT 38 GOVERNING LAW 39 AMENDMENT 40 NOTICES 41 POLICY ON HOLIDAY LISTING 42 ORDER OF PRECEDENCE FOR PURCHASES 43 TERMINATION FOR CONVENIENCE

16 | P a g e

GENERAL PURCHASE CONDITIONS 1 DEFINITIONS

The following expressions used in these terms and conditions and in the purchase order shall have the meaning indicated against each of these

11 OWNER Owner means Bharat Petroleum Corporation Limited (a Government of India

enterprise) a Company incorporated in India having its registered office at Bharat Bhavan 4 amp 6 Currimbhoy Road Ballard Estate Mumbai 400038 and shall include its successors and assigns (hereafter called BPCL as a short form)

12 VENDOR Vendor means the person firm or the Company Corporation to whom this

Request for quotation (RFQ)purchase order is issued and shall include its successors and assigns

13 INSPECTOR Person agency deputed by BPCL for carrying out inspection checkingtesting

of items ordered and for certifying the items conforming to the purchase order specifications

14 GOODS MATERIALS means any of the articles materials machinery equipments

supplies drawing data and other property and all services including but not limited to design delivery installation inspection testing and commissioning specified or required to complete the order

15 SITE LOCATION means any Site where BHARAT PETROLEUM CORPORATION LIMITED

desires to receive materials any where in India as mentioned in RFQ 16 ldquoRATE CONTRACTrdquo means the agreement for supply of goods materials between Owner

and Vendor for a fixed period of time (ie till validity of Rate Contract with no commitment of contractual quantity) on mutually agreed terms and conditions The actual supply of goods materials shall take place only on issue of separate purchase orders for required quantity as and when required by Owner

17 ldquoFIRM PROCUREMENTrdquo means the agreement between the parties for mutually agreed

terms and conditions with commitment of Quantity Ordered 2 REFERENCE FOR DOCUMENTATION 21 The number and date of Collective Request for Quotation (CRFQ) must appear on all

correspondence before finalization of Rate Contract Purchase Order 22 After finalization of Contract Purchase Order The number and date of Rate Contract

Purchase Order must appear on all correspondence drawings invoices dispatch advices (including shipping documents if applicable) packing list and on any documents or papers connected with this order

23 In the case of imports the relevant particulars of the import Licence shall be duly indicated in

the invoice and shipping documents as well as on the packages or consignments 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER

17 | P a g e

The right to accept the tender will rest with the Owner 4 LANGUAGE

The Bid and all supporting documentation and all correspondence whatsoever exchanged by Vendor and Owner shall be in English language only

5 PRICE

Unless otherwise agreed to the terms of the RFQ price shall be Firm and no escalation will be entertained on any ground except on the ground of statutory levies applicable on the tendered items

6 TAXES AND DUTIES All vendors shall have VAT CSTGSTService tax registration in the concerned State and vendor shall quote their TIN number in the quotation

61 EXCISE DUTY 611 Excise duty extra as applicable at the time of delivery within scheduled delivery period will

be payable by BPCL against documentary evidence Vendor shall mention in their offer the percentage of excise duty applicable at present Any upward variation in excise duty rates beyond the contractual delivery period shall be to vendorrsquos account

612 In case Excise Duty is not applicable at present Excise duty due to change in turn over is

not payable If applicable in future the same will be borne by vendor 613 Owner shall take CENVAT Credit on the material supplied for both excise duty and cess

component and accordingly Excise duty Cess should be quoted separately wherever applicable

Vendor shall ask the transporter of the goods to hand over the copy of excise invoice (transporterrsquos copy) at the time of delivery of goods at ownerrsquos site

62 SALES TAX VATGST 621 Sales Tax as applicable at the time of delivery within scheduled delivery period will be

payable by BPCL Vendor shall give details of local sales tax and or central sales tax currently applicable in their offer The rates applicable for ldquoCST without form Crdquo ldquoCST with form C and ldquoVATrdquo shall be clearly indicated

622 Input VAT Credit may be claimed by BPCL wherever applicable Vendor shall submit the

TAX invoice 63 SERVICE TAX All vendors shall have service tax registration wherever applicable BPCL

may also claim CENVAT Credit on service tax The vendor should quote service tax separately if applicable Vendor shall submit the TAX invoice Vendor is required to furnish serially numbered and signed invoice bill challan containing the following details

Name address and registration number of the service provider Name and address of person receiving taxable service Description classification and value of taxable service provided Service Tax Payable

18 | P a g e

64 FREIGHT AND OCTROI 641 Freight Firm freight charges to be quoted as indicated in the Tender documents Freight

shall be payable after receipt of the Material(s) at the site unless otherwise specified 642 Octroi and entry taxes if any shall be invoiced separately and shall be re-imbursed by BPCL

at actuals after receipt of the Material(s) at the Site against the submission of original documentary evidence for proof of payment of the related octroi and entry taxes as the case may be

65 NEW STATUTORY LEVIES All new statutory levies leviable on sale of finished goods to

owner if applicable are payable extra by BPCL against documentary proof within the contractual delivery period

66 VARIATION IN TAXES DUTIES Any increasedecrease in all the above mentioned

statutory levies on the date of delivery during the scheduled delivery period on finished materials will be on BPCLs account Any upward variation in statutory levies after contractual delivery date shall be to vendorrsquos account

67 INCOME TAX (WITHHOLDING TAX) In the case of availment of services from Non Resident

Vendors who are claiming benefits offered under the Double Taxation Avoidance Agreements signed by India with the Government of the other country (ie the country of the Vendor) such Non Resident Vendors are required to provide the Tax Residency Certificates at the time of submission of Bid documents The Tax Residency Certificates shall contain the following details

a) Name of Vendor (assessee) b) Status (Individual Company firm etc) of assessee c) Nationality (in case of individual) d) Country or specified territory of incorporation or registration (in case of others) e) Assessee lsquos tax identification number in the country or specified territory of residence

or in case no such number then a unique number on the basis of which the person is identified by the Government of the country or the specified territory

f) Residential status for the purpose of tax g) Period for which the certificate is applicable and h) Address of the applicant for the period for which the certificate is applicable

The Tax Residency Certificate shall be duly verified by the Government of the Country or the specified territory of the assessee of which the assessee claims to be a resident for the purposes of tax

7 INSPECTION 71 Materials shall be inspected by BPCL approved third party inspection agency if applicable

before dispatch of materials However arranging and providing inspection facilities is entirely vendorrsquos responsibility and in no way shall affect the delivery schedule

72 Scope of Inspection shall be as per RFQ Materials shall be inspected as per scope of

inspection by TPIAs which are registered under ldquoNABCB accredited bodies as per

19 | P a g e

requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of Goods The link is a below

httpnabcbqciorginaccreditationreg_bod_inspection_bodiesphp 73 Unless otherwise specified the inspection shall be carried out as per the relevant

standards scope of inspection provided alongwith the Tender EnquiryPurchase Order 74 BPCL may at its own expense have its representative(s) witness any test or inspection In

order to enable BPCLrsquos representative(s) to witness the tests inspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections

75 Even if the inspection and tests are fully carried out the Vendor shall not be absolved from

its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendorrsquos responsibility shall also not be anywise reduced or discharged because BPCL or BPCLrsquos representative(s) or Inspector(s) shall have examined commented on the Vendorrsquos drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s)

76 Although material approved by the Inspector(s) if on testing and inspection after receipt

of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

8 SHIPPING 81 SEA SHIPMENT All shipment of materials shall be made by first class direct vessels

through the chartering wing Ministry of Surface Transport as per procedure detailed hereunder The Foreign Supplier shall arrange with Vessels Owners or Forwarding Agents for proper storage of the entire Cargo intended for the project in a specific manner so as to faciliate and to avoid any over carriage at the port of discharge All shipment shall be under deck unless carriage on deck is unavoidable

The bills of lading should be made out in favour of `Bharat Petroleum Corporation Limited

or order

All columns in the body of the Bill of Lading namely marks and nos material description weight particulars etc should be uniform and accurate and such statements should be uniform in all the shipping documents The freight particulars should mention the basis of freight tonnage heavy lift charges if any surcharge discount etc clearly and separately The net total freight payable shall be shown at the bottom

SHIPPING DOCUMENTS All documents viz Bill of Lading invoices packing list freight

memos country of origin certificates test certificate drawings and catalogues should be in English language

20 | P a g e

In addition of the bill of lading which should be obtained in three stamped original plus as

many copies as required invoices packing list freight memos (if the freight particulars are not shown in the bills of lading) country of origin certificate test composition certificate shall be made out against each shipment in as many number of copies as shown below

The bill of lading invoice and packing list specifically shall show uniformly the mark and

numbers contents case wise country of origin consignees name port of destination and all other particulars as indicated under clause 2 The invoice shall show the unit rates and net total FOB prices Items packed separately should also be invoiced and the value shown accordingly Packing list must show apart from other particulars actual contents in each case net and gross weights and dimensions and the total number of packages All documents should be duly signed by the Vendorrsquos authorised representatives

In the case of FOB orders shipping arrangements shall be made by the Chartering Wing of

the Ministry of Surface Transport New Delhi through their respective forwarding agents The names and addresses of forwarding agents shall be as per Special Purchase Conditions Supplier shall furnish to the respective agents the full details of consignments such as outside dimension weights (both gross and net) No of packages technical description and drawings name of supplier ports of loading etc 6-weeks notice shall be given by the supplier to enable the concerned agency to arrange shipping space

The bill of lading shall indicate the following Shipper Government of India Consignee Bharat Petroleum Corporation Limited In case of supplies from USA Export Licences if any required from the American

Authorities shall be obtained by the US Suppliers If need be assistance for obtaining such export licences would be available from India Supply Mission at Washington

82 AIRSHIPMENT In case of Airshipment the materials shall be shipped through freight

consolidator (approved by us) The airway bill shall be made out in favour of BHARAT PETROLEUM CORPORATION LIMITED

TRANSMISSION OF SHIPPING DOCUMENTS Foreign Supplier shall obtain the shipping

documents in seven complete sets including three original stamped copies of the Bill of Lading as quickly as possible after the shipment is made and airmail as shown below so that they are received at least three weeks before the Vessels arrival Foreign Supplier shall be fully responsible or any delay and or demurrage in clearance of the consignment at the port due to delay in transmittal of the shipping documents

If in terms of letter or otherwise the complete original set of documents are required to

be sent to BPCL through Bank the distribution indicated below will confine to copies of documents only minus originals

Documents BPCL (Mumbai) Bill of Lading 4 (including 1 original) Invoice 4

21 | P a g e

Packing List 4 Freight Memo 4 Country of Origin Certificate 4 Third party inspection certificate 4 Drawing 4 Catalogue 4 Invoice of Third Party 4 for inspection charges whenever applicable

9 INDIAN AGENT COMMISSION

Any offer through Indian agents will be considered only after authorization mentioning them as Indian agents is received from Vendor Indian agents commission if applicable will be payable only in Indian currency Indian agents should be registered with Directorate General of Supplies and Disposals Government of India and agency commission will be payable only after registration with DGSampD New Delhi

10 ORDER AWARD EVALUATION CRITERIA

Unless otherwise specified Order award criteria will be on lowest quote landed price basis Landed price will be summation of Basic Price Packing amp Forwarding Charges Excise Duty Sales Tax Freight Inspection Octroi Supervision of Installation amp Commissioning and other taxes amp levies loading etc if any reduced by cenvatvat credit as applicable

11 CONFIRMATION OF ORDER

The vendor shall acknowledge the receipt of the purchase order within 10 days of mailing the same The vendor shall sign stamp the acknowledgement copy of the purchase order and return the same to BPCL

12 PAYMENT TERMS 121 Unless otherwise specified 100 payment shall be made within 30 days from date of

receipt and acceptance of materials at Site against submission of Peformance Bank Guarantee (PBG) for 10 of basic order value if PBG is applicable for the tender

122 In the case of imports payment will be made on submission of original documents directly

to Owner (Telegraphic Transfer-TT) or through Bank (Cash against documents-CAD) or through Irrevocable Letter of Credit

123 Unless otherwise mentioned the specified documents (All documents listed below (one

original and two copies) should be submitted to originator of PO (the name and contact details of whom are given in PO) and payments for despatches will be made by the originator of Purchase Order a) Invoice b) Excise invoice c) The Lorry Receipt of the consignment d) Packing list for the consignment e) Third Party Inspectorrsquos Certificate covering the invoiced Material(s) Release Note

wherever applicable f) Manufacturers TestComposition Certificate wherever applicable g) Drawing(s)Catalogue(s) covering the Material(s) wherever applicable h) GuaranteeWarranty Certificate(s) wherever applicable i) Original Receipt for Octroiother statutory levies as applicable

22 | P a g e

j) Performance Bank Guarantee as applicable 13 GUARANTEE WARRANTY 131 Materials shall be guaranteed against manufacturing defects materials workmanship

and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier Warranty for replacement of material accessories should be provided free of charges at our premises The above guaranteewarranty will be without prejudice to the certificate of inspection or material receipt note issued by us in respect of the materials In case the defect arises within the abovementioned Defect Liability Period (DLP) and the same is repairedreplaced the DLP for the repairedreplaced jobitem will be extended suitably so as to cover the original DLP However in no case such extension will exceed 24 months from date of start of initial DLP

132 All the materials including components and sub contracted items should be guaranteed by

the vendor within the warranty period mentioned above In the event of any defect in the material the vendor will replace repair the material at BPCLrsquos concerned location at vendorrsquos risk and cost on due notice

133 In case vendor does not replace repair the material on due notice rejected material will

be sent to the vendor on ldquoFreight to payrdquo basis for free replacement Material after rectification of defects shall be dispatched by the vendor on ldquoFreight Paidrdquo basis Alternatively BPCL reserves the right to have the material repaired replaced at the locations concerned at the vendorrsquos risk cost and responsibility

134 The Vendor shall provide similar warrantee on the parts components fittings accessories

etc so repaired and or replaced 14 PERFORMANCE BANK GUARANTEES 141 Vendor will have to provide Performance Bank Guarantee for 10 of the basic value of

purchase order unless otherwise specified This bank guarantee shall be valid (shall remain in force) for guarantee period (as mentioned in the guarantee clause) with an invocation period of six months thereafter In the case of Indigenous vendors the Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100) PBG format is as per Annexure-I

In case PBG is not provided by the Vendor 10 of the basic value shall be retained in lieu of PBG till the expiry of guarantee and claim period

In the case of imports the Supplier shall furnish the Performance Bank Guarantee (as per Annexure-I) through the following

(a) Branches of Indian scheduled banks operating in their Country (b) Foreign bank operating in their Country which is counter guaranteed by branches of

Indian scheduled banks operating in their Country India (c) Indian branches of foreign banks (d) Foreign bank operating in their Country counter guaranteed by their Indian branch

23 | P a g e

However in respect of (c) and (d) above the Indian branch of foreign banks should be recognized as scheduled bank by Reserve Bank of India

142 If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG (ie

PBG issued against every purchase call off order) then the validity of PBG will be calculated as mentioned below

1421 Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate Contract

Period (validity of Rate Contract) + Contractual Delivery Period of material + Contractual Guarantee period + 6 month (for invocation Claim)

143 You may use following Bank details for SFMS PBG

Name of Bank State Bank of India Branch CAG Branch Mumbai Account No 11083980831 IFSC Code SBIN0009995

15 PACKING amp MARKING 151 PACKING 1511 Packing shall withstand the hazards normally encountered with the means of transport for

the goods of this purchase order including loading and unloading operation both by crane and by pushing off

In the case of imports all equipments materials shall be suitably packed in weather proof

seaworthy packing for ocean transport under tropical conditions and for rail or road or other appropriate transport in India The packing shall be strong and efficient enough to ensure safe preservance upto the final point of destination

RawSolid wood packaging material of imported items has to be appropriately treated amp

marked as per International Standard of Phytosanitary Measures (ISPM-15) for material originating from the contracting countries to the International Plant Protection Convention or the members of Food amp Agriculture Organization Material from non-contracting parties would have to be accompanied by a phytosanitary certificate of the treatment endorsed The Custom Officer at Indian Port shall not release the material without appropriate compliance of the above provisions wef 01112004

1512 The packing specification incorporated herein are supplementary to the internal and

external packing methods and standards as per current general rules of JRA Good Tariff Part-I All packaging shall be done in such a manner as to reduce volume as much as possible

1513 Fragile articles should be packed with special packing materials depending on the type of

Materials and the packing shall bear the words HANDLE WITH CARE GLASS FRAGILE DONT ROLL THIS END UP THIS END DOWN to be indicated by arrow

1514 Chemicals in powder form catalyst refractories and like materials etc shall be packed in

drums cans and tins only However Catalyst may be supplied in Jumbo bags

24 | P a g e

1515 The hazardous materials shall be packed in accordance with the applicable rules regulations and tariff of all cognizant Government Authorities and other Governing bodies It shall be the responsibility of the seller of hazardous materials to designate the material as hazardous and to identify each material by its proper commodity name and its hazardous material class code

1516 All packages requiring handling by crane should have sufficient space at appropriate place

to put sling of suitable dia (strength) IronSteel angle should be provided at the place where sling marking are made to avoid damage to package equipment while lifting

1517 Item shipped in bundles must be securely tied with steel wire or strapping Steel reinforcing

rods bars pipes structural members etc shall be bundled in uniform lengths and the weight shall be within the breaking strength of the securing wire or strapping

In the case of imports for bundles the shipping marks shall be embossed on metal or

similar tag and wired securely on each end 1518 All delicate surfaces on equipment materials should be carefully protected and printed

with protective paintcompound and wrapped to prevent rusting and damage 1519 All mechanical and electrical equipment and other heavy articles shall be securely fastened

to the case bottom and shall be blocked and braced to avoid any displacement shifting during transit

15110 Attachments and spare parts of equipment and all small pieces shall be packed separately

in wooden cases with adequate protection inside the case and wherever possible should be sent along with the main equipment Each item shall be suitably tagged with identification of main equipment item denomination and reference number of respective assembly drawing Each item of steel structure and furnaces shall be identified with two erection markings with minimum lettering height of 15mm Such markings will be followed by the collection numbers in indelible inkpaint A copy of the packing list shall accompany the materials in each package

15111 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted

wooden disc on the flanges All nozzles holes and openings and also all delicate surfaces shall be carefully protected against damage and bad weather All manufactured surfaces shall be painted with rust proof paint

In the case of imports for bulk uniform material when packed in several cases progressive

serial numbers shall be indicated on each case 15112 Wherever required equipment materials instruments shall be enveloped in polythene

bags containing silicagel or similar dehydrating compound

15113 Pipes shall be packed as under (a) Upto 50mm NB in wooden cases crates (b) Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimum

three places (c) Above 100mm NB in loose

25 | P a g e

15114 Pipes and tubes of stainless steel copper etc shall be packed in wooden cases irrespective of their sizes

15115 Pipes with threaded or flanged ends shall be protected with suitable caps covers before

packing In the case of imports all pipes and sheets shall be marked with strips bearing progressive no

15116 Detailed packing list in waterproof envelope shall be inserted in the package together with

equipmentmaterials One copy of the detailed packing list shall be fastened outside of the package in waterproof envelope and covered by metal cover

15117 The supplier shall be held liable for all damages or breakages to the goods due to the

defective or insufficient packing as well as for corrosion due to insufficient protection 15118 Packaged equipment or materials showing damage defects or shortages resulting from

improper packaging materials or packing procedures or having concealed damages or shortages at the time of unpacking shall be to the supplierrsquos account

All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearly indicated and marked ldquoATTENTION SPECIAL LOAD HANDLE WITH CARErdquo both in English Hindi Languages

In the case of imports a distinct colour splash in say red black around each package crate

bundle shall be given for identification 15119 Along with the packed material supplier should attach material list manualsinstructions

and also the Inspection certificate release note wherever applicable 152 MARKING The following details to be written on the side face of packing

a) Purchase Order Number b) Vendor Name c) Batch no with manufacturing date d) Procedure (in brief) for handling e) Date of dispatch etc

153 IMPORTED ITEMS On three sides of the packages the following marks shall appear clearly

visible with indelible paint and on Vendors care and expenses

BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions) From To Bharat Petroleum Corporation Limited (With detailed address as given in Special Purchase Conditions) Order No Rev No Item Equipment Nomenclature Net weight Kgs

26 | P a g e

Gross weight Kgs Case No of Total cases Dimensions Import License No NOTE Marking shall be bold - minimum letter height 5 cm For every order and every shipment packages must be marked with serial progressive numbering Top heavy containers shall be so marked either Top Heavy or Heavy Ends When packing material is clean and light coloured a dark black stencil paint shall be acceptable However where packaging material is soiled or dark a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings In case of large equipments like vessels heat exchangers etc the envelope containing the documents shall be fastened inside a shell connection with an identifying arrow sign documents using indelible paint

16 DELIVERY 161 Unless otherwise mentioned Vendor is requested to quote their best delivery schedule

from the date of receipt of Purchase order 162 Time being the essence of this contract the delivery mentioned in the purchase order shall

be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner Goods should be delivered securely packed and in good order and condition at the place of delivery and within the time specified in the purchase order for their delivery

163 The contractual delivery period is inclusive of all the lead time for engineering

procurement of raw material the manufacturing inspection testing packing transportation or any other activity whatsoever required to be accomplished for affecting the delivery at the required delivery point

164 Unless otherwise specified Material(s) shall not be despatched without prior inspection

andor testing and Release OrderMaterial(s) Acceptance Certificate issued by the Inspector(s)

165 BPCL shall have the right to advise any change in despatch point or destination in respect

of any Material(s) Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence will be reimbursed to the Vendor by BPCL

17 UNLOADING AND STACKING

Unloading and stacking will be arranged by BPCL The Vendor shall send BPCL information of the proposed consignment well in advance by telegramfaxe-mailcourier to enable BPCL to take necessary action

18 TRANSIT INSURANCE

27 | P a g e

Unless otherwise mentioned 181 Transit Insurance shall be in the vendorrsquos scope in the case of inland transportation of

goods 182 In the case of imports insurance against all marine and transit risk shall be covered under

the Owners marine policy However the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carriers responsibility is fully retained on the Carriers so that the consignees interests are fully secured and are in no way jeopardized

182 The Vendor shall send BPCL information of the proposed consignment well in advance by

faxe-mailcourier to enable BPCL to take necessary action for the transit insurance of the consignment Any failure by the Vendor to do so shall place the consignment at the Vendorrsquos risk

183 In the case of imports as soon as any shipment is made the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Limited (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments vessels name port of shipment bill of lading number and date total FOB and freight value

19 VALIDITY OF OFFER

The rates quoted against this tender shall be valid for a period of 180 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions

20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 201 The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered

to on the clear understanding that the Price(s) of the Material(s) hashave been fixed with reference to the said Delivery date(s)

202 If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them

beyond the stipulated date(s) of Delivery the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay and shall promptly keep BPCL informed of all subsequent developments

203 The delivery period quoted must be realistic amp specific The inability of successful Vendors

to execute orders in accordance with the agreed delivery schedule will entitle BPCL at its options to

2031 Accept delayed delivery at prices reduced by a sum equivalent to half percent (05) of the

basic value of any goods not delivered for every week of delay or part thereof limited to a maximum of 5 of the total basic order value LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract Date of receipt of materials at ownerrsquos premises shall be considered for calculation of price reduction for FOR destination contract

In the case of imports the contractual delivery date shall be considered from the date of Letter of Credit (LC) or the date of LC amendment because of Buyerrsquos fault plus one week

28 | P a g e

(to take care of transit time for receipt of LC) plus the delivery schedule as indicated by the vendors

In case of the shipment taking place on ldquoCash against documentsrdquo the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period

Further the date of BL or House airway bill shall be considered to find out the delay with respect to contractual delivery date In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any So vendor shall inform the readiness of material for shipment on FOB (Free on Board) basis FCA (Free on Carrier) basis

2032 Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor without prejudice to its right under 2031 above in respect of goods delivered

21 RISK PURCHASE CLAUSE

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms amp conditions of the order BPCL also reserves the right to procure the same or similar materialsequipment through other sources at vendors entire risk cost and consequences Further the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement

22 FORCE MAJEURE Circumstances leading to force majeure (a) Act of terrorism

(b) Riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection of military or usurped power (c) Ionising radiation or contamination radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component

(d) epidemics earthquakes flood fire hurricanes typhoons or other physical natural disaster but excluding weather conditions regardless of severity and

(e) freight embargoes strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract For the avoidance of doubt inclement weather third party breach delay in supply of materials (other than due to a nationwide transportersrsquo strike) or commercial hardship shall not constitute a Force Majeure event bull Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

8 | P a g e

EMD by way of DD or Bank Guarantee shall be submitted by all bidders (including Bidders registered with BPCL) Exemption for this would be in line with govt policy for MSENSIC Vendors

31 The bidder shall bear all costs associated with the preparation and submission of the bid and

BPCL will in no case be responsible or liable for these costs regardless of the conduct or outcome of the bidding process

32 BPCL is not responsible for any delays from bidder end

33 BPCL reserves the right to make any changes in terms and conditions of tender before due date of bid submission and to reject any or all bids received incomplete BPCL reserves the right to change the quantity tendered

34 BPCL reserves their right to negotiate the quoted prices with lowest bidder

35 Vendors would be qualified based on data and documents provided by them and based on information available with BPCL with regard to their credentials Owner decision on any matter regarding short listing of vendors shall be final and any bidder shall not enter into any correspondence with owner unless asked for

36 The vendors who are on holiday list by BPCL MOPNG Oil Public Sector Undertaking (PSU) will not be considered

37 Tenderers shall also have to essentially sign an Integrity Pact (IP) for participating in this tender The salient points to be noted in regard to IP are Proforma of Integrity Pact shall be uploaded by the Tenderer along with the bid documents duly signed by the same signatory who is authorized to sign the bid documents All the pages of the Integrity Pact shall be duly signed Tendererrsquos failure to upload the IP duly signed along with the bid document shall result in the bid not being considered for further evaluation If the tenderer has been disqualified from the tender process prior to the award of the contract in accordance with the provisions of the Integrity Pact BPCL shall be entitled to demand and recover from Tenderer Price reduction amount by forfeiting the EMDPerformance Guarantee as per provisions of the Integrity Pact If the contract has been terminated according to the provisions of the Integrity Pact or if BPCL is entitled to terminate the contract according to the provisions of the Integrity pact BPCL shall be entitled to demand and recover from contractor Price reduction amount by forfeiting the Performance Guarantee amount as per provisions of the Integrity Pact Tenderers may raise disputescomplaints if any with the nominated Independent External Monitor

38 All the tender documents and Annexures Techno-commercial details and Price Bids shall be required to be digitally signed with a class IIB or above digital signature by the authorized signatory The authorized signatory shall be

I Proprietor in case of proprietary concern II Authorized partner in case of partnership firm

III Director in case of a limited Company duly authorized by its board of directors to sign

9 | P a g e

IV If for any reason the proprietor or the authorized partner or director as the case may be are unable to digitally sign the document the said document should be digitally signed by the constituted attorney having full authority to sign the tender document

39 Online submission of the tender shall be considered as token of having read understood and

totally accepted all the terms and conditions

40 The bidder is expected to examine all instructions forms attachments terms and specifications in the tender document The entire tender document together with all its attachments thereto shall be considered to be read understood and accepted by the bidder unless deviations are specifically stated seriatim by the bidder Failure to furnish all information required in the tender document or submission of a bid not substantially responsive to the tender documents in every respect will be at bidders risk and may result in the rejection of his bid

41 Bidders in their own interest shall ensure that they submit their e-bid complete in all respects well within the specified bid due date and time No relaxation shall be given for delay due to any unforeseen event in submission of bid

42 At any time prior to the bid due date we may for any reason whether at its own initiative or in response to a clarification requested by a prospective Bidder modify the Bid Document The amendment will be notified through e tender portal to all prospective Bidders and will be binding on them In order to afford prospective Bidder reasonable time to take the amendment into account in preparing their bids we may at our discretion extend the bid due date

43 The bid prepared by the Bidder and all correspondence drawings and documents relating to the bid exchanged by Bidder and the Owner shall be written in ENGLISH language provided that any printed literature furnished by the Bidder may be written in another language so long as accompanied by an ENGLISH translation in which case for the purpose of interpretation of the bid the ENGLISH translation shall govern

44 Declaration with the bid qualification criteria that bidder has not been banned or delisted by any Government or quasi Government agencies or Public Sector Undertaking (PSU) as per declaration format (provided as attachment under declaration format) of the tender document should be downloaded amp then suitably filled signed stamped amp uploaded against relevant heading

45 Bidders are advised to submit bids based strictly on the terms amp conditions and specifications contained in the tender document and not to stipulate any deviations Each Bidder shall submit only one bid A Bidder who submits more than one bid will be rejected

46 The Owner may at its discretion extend the bid due date in which case all rights and obligations of the Owner and the Bidders previously subject to the bid due date shall thereafter be subject to the new bid due date as extended

47 TelexTelefax E-mailpostal offers will not be considered and shall be rejected

48 No bid shall be modified subsequent to the due date amp time or extension if any for submission of bids Bidder(s) to note that Price changes after submission of bid shall not be allowed In case any bidder gives revised pricesprice implication his bid shall be rejected No bid shall be

10 | P a g e

allowed to be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder Withdrawal of a bid during this interval shall result in the forfeiture of Bidders EMD No suo motu reduction in prices quoted by bidder shall be permitted after opening of the bid If any bidder unilaterally reduces the prices quoted by him in his bid after opening of bids the bid (s) of such bidder(s) will be liable to be rejected Such reduction shall not be considered for evaluation of prices but shall be binding on the bidder in case he happens to be a successful bidder for award of work

49 Bids that do not meet the Bid qualification criteria as specified in the bid document shall be rejected A bid with incomplete scope of work andor which does not meet the technical requirements as specified in the bid document shall be considered as non-responsive and rejected Conditional bids will be liable for rejection

50 The Owner will examine the bids to determine whether they are complete whether any computational errors have been made whether the documents have been properly signed and whether the bids are generally in order

51 The experience details and financial amp technical capabilities of the Bidder(s) shall be examined to determine whether the Bidder(s) offer meets the Bid Qualification criteria mentioned To assist in the examination evaluation and comparison of Un-priced bids the Owner may at its discretion ask the Bidder clarifications on the bid The request for such clarifications and the response thereto shall be in writing Prior to the evaluation and comparison of the bid the Owner will determine the substantial responsiveness of each bid to the bidding documents

52 Prior to the expiration of period of bid validity the Owner will notify the successful Bidder in writing or by email that his bid has been accepted The Notification of Award will constitute the formation of the Contract Delivery Period shall be counted from the date of notification of award (LetterFaxe-mail of Intent)

53 Any efforts by a Bidder to influence the Owner in the Owner bid evaluation bid comparison or contract award decisions may result in the rejection of their bid

54 VERIFICATION BY OWNER All statements submitted by Bidder regarding experience manpower availability equipment and machinery availability etc are subject to verification by the Owner either before placement of order or after placement of order If any data submitted by the Bidder at the bid stage is found to be incorrect the offer is liable to be rejected or the Contractorder is liable to be terminated

55 The relevant WCTTDS if amp as applicable will be deducted from the charges quoted by the successful bidder

56 It is for the Bidder to assess and ascertain the Tax rate applicable on quoted items It is clearly understood that Owner will not have any additional liability towards payment of taxdutycess which is based on Bidders wrong assessment interpretation of applicability of such taxdutycess For Services such as installation commissioning activities bidderrsquos quoted prices shall be inclusive of taxes applicable till complete execution of the ordercontract and Owner shall not have any liabilities whatsoever on this account Variation for any reason including Statutory levies will be vendorrsquos account Bidder shall quote rate of Tax on the quoted charges Bidder shall ensure that invoice(s) shows the tax component separately and is issued in accordance with the applicable Tax Rules Octroi Entry tax if applicable in India shall be directly paid by the vendor which shall be reimbursed by Owner at actuals on

11 | P a g e

submission of documentary proof BPCL shall not be liable in case the tax authorities assess the tax elements in a different way on account of any reason whatsoever Taxes and duties other than those specified in this document if any shall be included in the quoted prices and no reimbursement shall be made by BPCL Ownerrsquos liability with respect to taxes and duties will be restricted to the Tax as quoted by the bidder Any new or additional taxes or duties levied by statutory authorities during contract shall be borne by the bidder

57 ISSUE OF CONTRACT PURCHASE ORDER After the successful Bidder has been notified that his bid has been accepted the Owner will send to such Bidder a detailed contractPurchase Orders incorporating all the terms and conditions agreed between the parties Within 7 days of receipt of the detailed contract Purchase Order the Bidder shall sign and return to the Owner the duplicate copy of the contractorder as a token of their Acknowledgement The contract will be issued by CPO (M) dept amp call-off orderspurchase orders by EampP dept of BPCL

58 Grievance Redressal Mechanism Bharat Petroleum Corporation Limited (BPCL) has developed the Grievance Redressal Mechanism to deal with references grievances if any that is received from bidders who participated intends to participate in the Corporation tender The details of the same are available on our website wwwbharatpetroleumin

59 It shall be understood that every endeavour has been made to avoid errors which can materially affect the basis of the tender and the successful vendor shall take upon himself and provide for risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof

60 In case a Start-up is interested in supplying a tendered item but does not meet the Pre-

Qualification Criteria(PQC)Proven Track Record (PTR) of prior Turnover norm as indicated in the tender document the Start-up may be requested to write a detailed proposal separately and not against the present tender requirement to the tender issuing authority about its product Such proposal should be accompanied by relevant documents in support of Start-ups as under

I Certificate of Recognition issued by Department of Industrial Policy and Promotion (DIPP) Ministry of Commerce and Industry GOI

II Certificate of Incorporation Registration III Audited PampL Statement of all the financial years since incorporation IV In case where balance sheet has not been prepared bidder shall submit a certificate

in Original from its CEOCFO stating the turnover of the bidding entity separately for each Financial Year Since incorporation along with declaration stating the reason for not furnishing the audited PampL statement The Certificate shall be endorsed by Chartered Accountant Statutory Auditor

61 By submitting the bid the bidder undertakes as under

Iwe hereby undertake that the statements made hereininformation given in the bids through e-tendering systemannexuresformsuploaded documents referred are true in all respects and that in the event of any such statement or information being found to be incorrect in any particular the same may be construed to be a misrepresentation entitling BPCL to avoid any resultant contract Iwe further undertake as and when called upon by BPCL to produce for its inspection original(s) of the document(s) of which copies have been annexed hereto

12 | P a g e

62 For any clarification on e-tendering training uploading of document on e-procurement site please contact our service provider Ms E-procurement Technology Ltd on below numbers Phone 02224176419 E-mailsupportbpcleprocinmumbaisupporteptlin HELP DESK NOS 91-79-40016848 40016818

63 For any queries clarifications on tender technical specifications commercial points and

other terms and conditions of the tender please contact as under- Mr Seema Khadase Asst Manager Procurement CPO (MKTG) CONTACT NO 91-22-24176405 8879222134 (M) EMAIL seemakhadasebharatpetroleumin

64 In case you are not satisfied with the clarification of doubts you may escalate the query

To MrAjoy Sarkar Procurement Leader CPO (MKTG) CONTACT NO 91-22-24176412 9819971906 (M) EMAIL sarkarabharatpetroleumin

65 Office Address CPO-MKTG Bharat Petroleum Corp Ltd lsquoArsquo Installation Sewree Fort Road

Sewree-East Mumbai-400015 66 Contact details of Independent External Monitors (IEM) for Complaints and Disputes

regarding the tender only

Shri Vikram Srivastava Shri Virendra Bahadur Singh Shri Anupam Kulshreshtha

ADDRESS ADDRESS ADDRESS

E-202 Second Floor Greater Kailash Part 2 New Delhi - 110048

HNo B-564 Vineet Khand Gomati Nagar Lucknow - 226010

B-33 lsquoYarrows Apartmentsrsquo

Plot C-585 Sector 62

Noida UP -201309

vikramsrivastava1973gmailcom vbsinghipsgmailcom Anupam8gmailcom

Mob No 09810642323 Mob No 8853760730 Mob No 9968281160

Thanking you Yours faithfully for Bharat Petroleum Corporation Ltd Ajoy Sarkar Procurement Leader

13 | P a g e

General Instructions to bidders for e-tendering

1 Interested parties may download the tender from BPCL website (httpwwwBharatpetroleumin) or the CPP portal (httpeprocuregovin) or from the e-tendering website (httpsbpcleprocin) and participate in the tender as per the instructions given therein on or before the due date of the tender The tender available on the BPCL website and the CPP portal can be downloaded for reading purpose only For participation in the tender please fill up the tender online on the e-tender system available on httpsbpcleprocin 2 For registration on the e-tender site httpsbpcleprocin you can be guided by the ldquoInstructions to Vendorsrdquo available under the download section of the homepage of the website As the first step bidder shall have to click the ldquoRegisterrdquo link and fill in the requisite information in the ldquoBidder Registration Formrdquo Kindly remember your e-mail id (which will also act as the login ID) and the password entered therein Once you complete this process correctly you shall get a system generated mail Login in to the portal using your credentials When you log in for the first time system will ask you to add your Digital Signature Once you have added the Digital Signature please inform us by mail to the vendor administrator vendoradminbpcleprocin with a copy to supportbpcleprocin for approval Once approved bidders can login in to the system as and when required 3 As a pre-requisite for participation in the tender vendors are required to obtain a valid Digital Certificate of Class IIB and above (having both signing and encryption certificates) as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCIA) Controller of Certifying Authorities (CCA) The cost of obtaining the digital certificate shall be borne by the vendor In case any vendor so desires he may contact our e-procurement service provider Ms E-Procurement Technologies Ltd Ahmedabad (Contact no Tel +91 79 4001 6868 for obtaining the digital signature certificate 4 Corrigendumamendment if any shall be notified on the site httpsbpcleprocin In case any corrigendumamendment is issued after the submission of the bid then such vendors who have submitted their bids shall be intimated about the corrigendumamendment by a system-generated email It shall be assumed that the information contained therein has been taken into account by the vendor They have the choice of making changes in their bid before the due date and time 5 Price bid of only those vendors shall be opened whose Techno-Commercial bid is found to be acceptable to us The schedule for opening the price bid shall be advised separately 6 Directions for submitting online offers electronically against e-procurement tenders directly through internet (i) Vendors are advised to log on to the website (httpsbpcleprocin) and arrange to register themselves at the earliest if not done earlier (ii) The system time (IST) that will be displayed on e-Procurement web page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance (iii) Vendors are advised in their own interest to ensure that their bids are submitted in e-Procurement system well before the closing date and time of bid If the vendor intends to changerevise the bid already submitted they shall have to withdraw their bid already submitted change revise the bid and submit once again In case vendor is not able to complete

14 | P a g e

the submission of the changedrevised bid within due date amp time the system would consider it as no bid has been received from the vendor against the tender and consequently the vendor will be out of contention The process of change revise may do so any number of times till the due date and time of submission deadline However no bid can be modified after the deadline for submission of bids (iv) Once the entire process of submission of online bid is complete they will get an auto mail from the system stating you have successfully submitted your bid in the following tender with tender details (v) Bids Offers shall not be permitted in e-procurement system after the due date time of tender Hence no bid can be submitted after the due date and time of submission has elapsed (vi) No manual bidsoffers along with electronic bidsoffers shall be permitted 7 For tenders whose estimated procurement value is more than Rs 10 lakhs vendors can see the rates quoted by all the participating bidders once the price bids are opened For this purpose vendors shall have to log in to the portal under their user ID and password click on the ldquodash boardrdquo link against that tender and choose the ldquoResultsrdquo tab 8 No responsibility will be taken by BPCL andor the e-procurement service provider for any delay due to connectivity and availability of website They shall not have any liability to vendors for any interruption or delay in access to the site irrespective of the cause It is advisable that vendors who are not well conversant with e-tendering procedures start filling up the tenders much before the due date time so that there is sufficient time available with himher to acquaint with all the steps and seek help if they so require Even for those who are conversant with this type of e-tendering it is suggested to complete all the activities ahead of time It should be noted that the individual bid becomes viewable only after the opening of the bid onafter the due date and time Please be reassured that your bid will be viewable only to you and nobody else till the due date time of the tender opening The non-availability of viewing before due date and time is true for e-tendering service provider as well as BPCL officials 9 BPCL andor the e-procurement service provider shall not be responsible for any direct or indirect loss or damages and or consequential damages arising out of the bidding process including but not limited to systems problems inability to use the system loss of electronic information etc In case of any clarification pertaining to e-procurement process and system related issues the vendor may contact Ms E-Procurement Technologies Ltd at contact no Tel +91 79 40270573 followed with an e-mail to id supportbpcleprocin

15 | P a g e

General Purchase Conditions The following conditions shall be applicable for all procurement unless specifically mentioned in the Special Purchase Conditions I N D E X 1 DEFINITIONS 2 REFERENCE FOR DOCUMENTATION 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER 4 LANGUAGE OF BID 5 PRICE 6 TAXES AND DUTIES 7 INSPECTION 8 SHIPPING 9 INDIAN AGENT COMMISSION 10 ORDER AWARD EVALUATION CRITERIA 11 CONFIRMATION OF ORDER 12 PAYMENT TERMS 13 GUARANTEEWARRANTY 14 PERFORMANCE BANK GUARANTEE 15 PACKING amp MARKING 16 DELIVERY 17 UNLOADING AND STACKING 18 TRANSIT INSURANCE 19 VALIDITY OF OFFER 20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 21 RISK PURCHASE CLAUSE 22 FORCE MAJEURE CLAUSE 23 ARBITRATION CLAUSE 24 INTEGRITY PACT (IP) 25 RECOVERY OF SUMS DUE 26 CONFIDENTIALITY OF TECHNICAL INFORMATION 27 PATENTS amp ROYALTIES 28 LIABILITY CLAUSE 29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT 30 COMPLIANCE OF REGULATIONS 31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT 32 NON-WAIVER 33 NEW amp UNUSED MATERIAL 34 PURCHASE PREFERENCE CLAUSE 35 CANCELLATION 36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION 37 ASSIGNMENT 38 GOVERNING LAW 39 AMENDMENT 40 NOTICES 41 POLICY ON HOLIDAY LISTING 42 ORDER OF PRECEDENCE FOR PURCHASES 43 TERMINATION FOR CONVENIENCE

16 | P a g e

GENERAL PURCHASE CONDITIONS 1 DEFINITIONS

The following expressions used in these terms and conditions and in the purchase order shall have the meaning indicated against each of these

11 OWNER Owner means Bharat Petroleum Corporation Limited (a Government of India

enterprise) a Company incorporated in India having its registered office at Bharat Bhavan 4 amp 6 Currimbhoy Road Ballard Estate Mumbai 400038 and shall include its successors and assigns (hereafter called BPCL as a short form)

12 VENDOR Vendor means the person firm or the Company Corporation to whom this

Request for quotation (RFQ)purchase order is issued and shall include its successors and assigns

13 INSPECTOR Person agency deputed by BPCL for carrying out inspection checkingtesting

of items ordered and for certifying the items conforming to the purchase order specifications

14 GOODS MATERIALS means any of the articles materials machinery equipments

supplies drawing data and other property and all services including but not limited to design delivery installation inspection testing and commissioning specified or required to complete the order

15 SITE LOCATION means any Site where BHARAT PETROLEUM CORPORATION LIMITED

desires to receive materials any where in India as mentioned in RFQ 16 ldquoRATE CONTRACTrdquo means the agreement for supply of goods materials between Owner

and Vendor for a fixed period of time (ie till validity of Rate Contract with no commitment of contractual quantity) on mutually agreed terms and conditions The actual supply of goods materials shall take place only on issue of separate purchase orders for required quantity as and when required by Owner

17 ldquoFIRM PROCUREMENTrdquo means the agreement between the parties for mutually agreed

terms and conditions with commitment of Quantity Ordered 2 REFERENCE FOR DOCUMENTATION 21 The number and date of Collective Request for Quotation (CRFQ) must appear on all

correspondence before finalization of Rate Contract Purchase Order 22 After finalization of Contract Purchase Order The number and date of Rate Contract

Purchase Order must appear on all correspondence drawings invoices dispatch advices (including shipping documents if applicable) packing list and on any documents or papers connected with this order

23 In the case of imports the relevant particulars of the import Licence shall be duly indicated in

the invoice and shipping documents as well as on the packages or consignments 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER

17 | P a g e

The right to accept the tender will rest with the Owner 4 LANGUAGE

The Bid and all supporting documentation and all correspondence whatsoever exchanged by Vendor and Owner shall be in English language only

5 PRICE

Unless otherwise agreed to the terms of the RFQ price shall be Firm and no escalation will be entertained on any ground except on the ground of statutory levies applicable on the tendered items

6 TAXES AND DUTIES All vendors shall have VAT CSTGSTService tax registration in the concerned State and vendor shall quote their TIN number in the quotation

61 EXCISE DUTY 611 Excise duty extra as applicable at the time of delivery within scheduled delivery period will

be payable by BPCL against documentary evidence Vendor shall mention in their offer the percentage of excise duty applicable at present Any upward variation in excise duty rates beyond the contractual delivery period shall be to vendorrsquos account

612 In case Excise Duty is not applicable at present Excise duty due to change in turn over is

not payable If applicable in future the same will be borne by vendor 613 Owner shall take CENVAT Credit on the material supplied for both excise duty and cess

component and accordingly Excise duty Cess should be quoted separately wherever applicable

Vendor shall ask the transporter of the goods to hand over the copy of excise invoice (transporterrsquos copy) at the time of delivery of goods at ownerrsquos site

62 SALES TAX VATGST 621 Sales Tax as applicable at the time of delivery within scheduled delivery period will be

payable by BPCL Vendor shall give details of local sales tax and or central sales tax currently applicable in their offer The rates applicable for ldquoCST without form Crdquo ldquoCST with form C and ldquoVATrdquo shall be clearly indicated

622 Input VAT Credit may be claimed by BPCL wherever applicable Vendor shall submit the

TAX invoice 63 SERVICE TAX All vendors shall have service tax registration wherever applicable BPCL

may also claim CENVAT Credit on service tax The vendor should quote service tax separately if applicable Vendor shall submit the TAX invoice Vendor is required to furnish serially numbered and signed invoice bill challan containing the following details

Name address and registration number of the service provider Name and address of person receiving taxable service Description classification and value of taxable service provided Service Tax Payable

18 | P a g e

64 FREIGHT AND OCTROI 641 Freight Firm freight charges to be quoted as indicated in the Tender documents Freight

shall be payable after receipt of the Material(s) at the site unless otherwise specified 642 Octroi and entry taxes if any shall be invoiced separately and shall be re-imbursed by BPCL

at actuals after receipt of the Material(s) at the Site against the submission of original documentary evidence for proof of payment of the related octroi and entry taxes as the case may be

65 NEW STATUTORY LEVIES All new statutory levies leviable on sale of finished goods to

owner if applicable are payable extra by BPCL against documentary proof within the contractual delivery period

66 VARIATION IN TAXES DUTIES Any increasedecrease in all the above mentioned

statutory levies on the date of delivery during the scheduled delivery period on finished materials will be on BPCLs account Any upward variation in statutory levies after contractual delivery date shall be to vendorrsquos account

67 INCOME TAX (WITHHOLDING TAX) In the case of availment of services from Non Resident

Vendors who are claiming benefits offered under the Double Taxation Avoidance Agreements signed by India with the Government of the other country (ie the country of the Vendor) such Non Resident Vendors are required to provide the Tax Residency Certificates at the time of submission of Bid documents The Tax Residency Certificates shall contain the following details

a) Name of Vendor (assessee) b) Status (Individual Company firm etc) of assessee c) Nationality (in case of individual) d) Country or specified territory of incorporation or registration (in case of others) e) Assessee lsquos tax identification number in the country or specified territory of residence

or in case no such number then a unique number on the basis of which the person is identified by the Government of the country or the specified territory

f) Residential status for the purpose of tax g) Period for which the certificate is applicable and h) Address of the applicant for the period for which the certificate is applicable

The Tax Residency Certificate shall be duly verified by the Government of the Country or the specified territory of the assessee of which the assessee claims to be a resident for the purposes of tax

7 INSPECTION 71 Materials shall be inspected by BPCL approved third party inspection agency if applicable

before dispatch of materials However arranging and providing inspection facilities is entirely vendorrsquos responsibility and in no way shall affect the delivery schedule

72 Scope of Inspection shall be as per RFQ Materials shall be inspected as per scope of

inspection by TPIAs which are registered under ldquoNABCB accredited bodies as per

19 | P a g e

requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of Goods The link is a below

httpnabcbqciorginaccreditationreg_bod_inspection_bodiesphp 73 Unless otherwise specified the inspection shall be carried out as per the relevant

standards scope of inspection provided alongwith the Tender EnquiryPurchase Order 74 BPCL may at its own expense have its representative(s) witness any test or inspection In

order to enable BPCLrsquos representative(s) to witness the tests inspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections

75 Even if the inspection and tests are fully carried out the Vendor shall not be absolved from

its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendorrsquos responsibility shall also not be anywise reduced or discharged because BPCL or BPCLrsquos representative(s) or Inspector(s) shall have examined commented on the Vendorrsquos drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s)

76 Although material approved by the Inspector(s) if on testing and inspection after receipt

of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

8 SHIPPING 81 SEA SHIPMENT All shipment of materials shall be made by first class direct vessels

through the chartering wing Ministry of Surface Transport as per procedure detailed hereunder The Foreign Supplier shall arrange with Vessels Owners or Forwarding Agents for proper storage of the entire Cargo intended for the project in a specific manner so as to faciliate and to avoid any over carriage at the port of discharge All shipment shall be under deck unless carriage on deck is unavoidable

The bills of lading should be made out in favour of `Bharat Petroleum Corporation Limited

or order

All columns in the body of the Bill of Lading namely marks and nos material description weight particulars etc should be uniform and accurate and such statements should be uniform in all the shipping documents The freight particulars should mention the basis of freight tonnage heavy lift charges if any surcharge discount etc clearly and separately The net total freight payable shall be shown at the bottom

SHIPPING DOCUMENTS All documents viz Bill of Lading invoices packing list freight

memos country of origin certificates test certificate drawings and catalogues should be in English language

20 | P a g e

In addition of the bill of lading which should be obtained in three stamped original plus as

many copies as required invoices packing list freight memos (if the freight particulars are not shown in the bills of lading) country of origin certificate test composition certificate shall be made out against each shipment in as many number of copies as shown below

The bill of lading invoice and packing list specifically shall show uniformly the mark and

numbers contents case wise country of origin consignees name port of destination and all other particulars as indicated under clause 2 The invoice shall show the unit rates and net total FOB prices Items packed separately should also be invoiced and the value shown accordingly Packing list must show apart from other particulars actual contents in each case net and gross weights and dimensions and the total number of packages All documents should be duly signed by the Vendorrsquos authorised representatives

In the case of FOB orders shipping arrangements shall be made by the Chartering Wing of

the Ministry of Surface Transport New Delhi through their respective forwarding agents The names and addresses of forwarding agents shall be as per Special Purchase Conditions Supplier shall furnish to the respective agents the full details of consignments such as outside dimension weights (both gross and net) No of packages technical description and drawings name of supplier ports of loading etc 6-weeks notice shall be given by the supplier to enable the concerned agency to arrange shipping space

The bill of lading shall indicate the following Shipper Government of India Consignee Bharat Petroleum Corporation Limited In case of supplies from USA Export Licences if any required from the American

Authorities shall be obtained by the US Suppliers If need be assistance for obtaining such export licences would be available from India Supply Mission at Washington

82 AIRSHIPMENT In case of Airshipment the materials shall be shipped through freight

consolidator (approved by us) The airway bill shall be made out in favour of BHARAT PETROLEUM CORPORATION LIMITED

TRANSMISSION OF SHIPPING DOCUMENTS Foreign Supplier shall obtain the shipping

documents in seven complete sets including three original stamped copies of the Bill of Lading as quickly as possible after the shipment is made and airmail as shown below so that they are received at least three weeks before the Vessels arrival Foreign Supplier shall be fully responsible or any delay and or demurrage in clearance of the consignment at the port due to delay in transmittal of the shipping documents

If in terms of letter or otherwise the complete original set of documents are required to

be sent to BPCL through Bank the distribution indicated below will confine to copies of documents only minus originals

Documents BPCL (Mumbai) Bill of Lading 4 (including 1 original) Invoice 4

21 | P a g e

Packing List 4 Freight Memo 4 Country of Origin Certificate 4 Third party inspection certificate 4 Drawing 4 Catalogue 4 Invoice of Third Party 4 for inspection charges whenever applicable

9 INDIAN AGENT COMMISSION

Any offer through Indian agents will be considered only after authorization mentioning them as Indian agents is received from Vendor Indian agents commission if applicable will be payable only in Indian currency Indian agents should be registered with Directorate General of Supplies and Disposals Government of India and agency commission will be payable only after registration with DGSampD New Delhi

10 ORDER AWARD EVALUATION CRITERIA

Unless otherwise specified Order award criteria will be on lowest quote landed price basis Landed price will be summation of Basic Price Packing amp Forwarding Charges Excise Duty Sales Tax Freight Inspection Octroi Supervision of Installation amp Commissioning and other taxes amp levies loading etc if any reduced by cenvatvat credit as applicable

11 CONFIRMATION OF ORDER

The vendor shall acknowledge the receipt of the purchase order within 10 days of mailing the same The vendor shall sign stamp the acknowledgement copy of the purchase order and return the same to BPCL

12 PAYMENT TERMS 121 Unless otherwise specified 100 payment shall be made within 30 days from date of

receipt and acceptance of materials at Site against submission of Peformance Bank Guarantee (PBG) for 10 of basic order value if PBG is applicable for the tender

122 In the case of imports payment will be made on submission of original documents directly

to Owner (Telegraphic Transfer-TT) or through Bank (Cash against documents-CAD) or through Irrevocable Letter of Credit

123 Unless otherwise mentioned the specified documents (All documents listed below (one

original and two copies) should be submitted to originator of PO (the name and contact details of whom are given in PO) and payments for despatches will be made by the originator of Purchase Order a) Invoice b) Excise invoice c) The Lorry Receipt of the consignment d) Packing list for the consignment e) Third Party Inspectorrsquos Certificate covering the invoiced Material(s) Release Note

wherever applicable f) Manufacturers TestComposition Certificate wherever applicable g) Drawing(s)Catalogue(s) covering the Material(s) wherever applicable h) GuaranteeWarranty Certificate(s) wherever applicable i) Original Receipt for Octroiother statutory levies as applicable

22 | P a g e

j) Performance Bank Guarantee as applicable 13 GUARANTEE WARRANTY 131 Materials shall be guaranteed against manufacturing defects materials workmanship

and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier Warranty for replacement of material accessories should be provided free of charges at our premises The above guaranteewarranty will be without prejudice to the certificate of inspection or material receipt note issued by us in respect of the materials In case the defect arises within the abovementioned Defect Liability Period (DLP) and the same is repairedreplaced the DLP for the repairedreplaced jobitem will be extended suitably so as to cover the original DLP However in no case such extension will exceed 24 months from date of start of initial DLP

132 All the materials including components and sub contracted items should be guaranteed by

the vendor within the warranty period mentioned above In the event of any defect in the material the vendor will replace repair the material at BPCLrsquos concerned location at vendorrsquos risk and cost on due notice

133 In case vendor does not replace repair the material on due notice rejected material will

be sent to the vendor on ldquoFreight to payrdquo basis for free replacement Material after rectification of defects shall be dispatched by the vendor on ldquoFreight Paidrdquo basis Alternatively BPCL reserves the right to have the material repaired replaced at the locations concerned at the vendorrsquos risk cost and responsibility

134 The Vendor shall provide similar warrantee on the parts components fittings accessories

etc so repaired and or replaced 14 PERFORMANCE BANK GUARANTEES 141 Vendor will have to provide Performance Bank Guarantee for 10 of the basic value of

purchase order unless otherwise specified This bank guarantee shall be valid (shall remain in force) for guarantee period (as mentioned in the guarantee clause) with an invocation period of six months thereafter In the case of Indigenous vendors the Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100) PBG format is as per Annexure-I

In case PBG is not provided by the Vendor 10 of the basic value shall be retained in lieu of PBG till the expiry of guarantee and claim period

In the case of imports the Supplier shall furnish the Performance Bank Guarantee (as per Annexure-I) through the following

(a) Branches of Indian scheduled banks operating in their Country (b) Foreign bank operating in their Country which is counter guaranteed by branches of

Indian scheduled banks operating in their Country India (c) Indian branches of foreign banks (d) Foreign bank operating in their Country counter guaranteed by their Indian branch

23 | P a g e

However in respect of (c) and (d) above the Indian branch of foreign banks should be recognized as scheduled bank by Reserve Bank of India

142 If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG (ie

PBG issued against every purchase call off order) then the validity of PBG will be calculated as mentioned below

1421 Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate Contract

Period (validity of Rate Contract) + Contractual Delivery Period of material + Contractual Guarantee period + 6 month (for invocation Claim)

143 You may use following Bank details for SFMS PBG

Name of Bank State Bank of India Branch CAG Branch Mumbai Account No 11083980831 IFSC Code SBIN0009995

15 PACKING amp MARKING 151 PACKING 1511 Packing shall withstand the hazards normally encountered with the means of transport for

the goods of this purchase order including loading and unloading operation both by crane and by pushing off

In the case of imports all equipments materials shall be suitably packed in weather proof

seaworthy packing for ocean transport under tropical conditions and for rail or road or other appropriate transport in India The packing shall be strong and efficient enough to ensure safe preservance upto the final point of destination

RawSolid wood packaging material of imported items has to be appropriately treated amp

marked as per International Standard of Phytosanitary Measures (ISPM-15) for material originating from the contracting countries to the International Plant Protection Convention or the members of Food amp Agriculture Organization Material from non-contracting parties would have to be accompanied by a phytosanitary certificate of the treatment endorsed The Custom Officer at Indian Port shall not release the material without appropriate compliance of the above provisions wef 01112004

1512 The packing specification incorporated herein are supplementary to the internal and

external packing methods and standards as per current general rules of JRA Good Tariff Part-I All packaging shall be done in such a manner as to reduce volume as much as possible

1513 Fragile articles should be packed with special packing materials depending on the type of

Materials and the packing shall bear the words HANDLE WITH CARE GLASS FRAGILE DONT ROLL THIS END UP THIS END DOWN to be indicated by arrow

1514 Chemicals in powder form catalyst refractories and like materials etc shall be packed in

drums cans and tins only However Catalyst may be supplied in Jumbo bags

24 | P a g e

1515 The hazardous materials shall be packed in accordance with the applicable rules regulations and tariff of all cognizant Government Authorities and other Governing bodies It shall be the responsibility of the seller of hazardous materials to designate the material as hazardous and to identify each material by its proper commodity name and its hazardous material class code

1516 All packages requiring handling by crane should have sufficient space at appropriate place

to put sling of suitable dia (strength) IronSteel angle should be provided at the place where sling marking are made to avoid damage to package equipment while lifting

1517 Item shipped in bundles must be securely tied with steel wire or strapping Steel reinforcing

rods bars pipes structural members etc shall be bundled in uniform lengths and the weight shall be within the breaking strength of the securing wire or strapping

In the case of imports for bundles the shipping marks shall be embossed on metal or

similar tag and wired securely on each end 1518 All delicate surfaces on equipment materials should be carefully protected and printed

with protective paintcompound and wrapped to prevent rusting and damage 1519 All mechanical and electrical equipment and other heavy articles shall be securely fastened

to the case bottom and shall be blocked and braced to avoid any displacement shifting during transit

15110 Attachments and spare parts of equipment and all small pieces shall be packed separately

in wooden cases with adequate protection inside the case and wherever possible should be sent along with the main equipment Each item shall be suitably tagged with identification of main equipment item denomination and reference number of respective assembly drawing Each item of steel structure and furnaces shall be identified with two erection markings with minimum lettering height of 15mm Such markings will be followed by the collection numbers in indelible inkpaint A copy of the packing list shall accompany the materials in each package

15111 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted

wooden disc on the flanges All nozzles holes and openings and also all delicate surfaces shall be carefully protected against damage and bad weather All manufactured surfaces shall be painted with rust proof paint

In the case of imports for bulk uniform material when packed in several cases progressive

serial numbers shall be indicated on each case 15112 Wherever required equipment materials instruments shall be enveloped in polythene

bags containing silicagel or similar dehydrating compound

15113 Pipes shall be packed as under (a) Upto 50mm NB in wooden cases crates (b) Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimum

three places (c) Above 100mm NB in loose

25 | P a g e

15114 Pipes and tubes of stainless steel copper etc shall be packed in wooden cases irrespective of their sizes

15115 Pipes with threaded or flanged ends shall be protected with suitable caps covers before

packing In the case of imports all pipes and sheets shall be marked with strips bearing progressive no

15116 Detailed packing list in waterproof envelope shall be inserted in the package together with

equipmentmaterials One copy of the detailed packing list shall be fastened outside of the package in waterproof envelope and covered by metal cover

15117 The supplier shall be held liable for all damages or breakages to the goods due to the

defective or insufficient packing as well as for corrosion due to insufficient protection 15118 Packaged equipment or materials showing damage defects or shortages resulting from

improper packaging materials or packing procedures or having concealed damages or shortages at the time of unpacking shall be to the supplierrsquos account

All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearly indicated and marked ldquoATTENTION SPECIAL LOAD HANDLE WITH CARErdquo both in English Hindi Languages

In the case of imports a distinct colour splash in say red black around each package crate

bundle shall be given for identification 15119 Along with the packed material supplier should attach material list manualsinstructions

and also the Inspection certificate release note wherever applicable 152 MARKING The following details to be written on the side face of packing

a) Purchase Order Number b) Vendor Name c) Batch no with manufacturing date d) Procedure (in brief) for handling e) Date of dispatch etc

153 IMPORTED ITEMS On three sides of the packages the following marks shall appear clearly

visible with indelible paint and on Vendors care and expenses

BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions) From To Bharat Petroleum Corporation Limited (With detailed address as given in Special Purchase Conditions) Order No Rev No Item Equipment Nomenclature Net weight Kgs

26 | P a g e

Gross weight Kgs Case No of Total cases Dimensions Import License No NOTE Marking shall be bold - minimum letter height 5 cm For every order and every shipment packages must be marked with serial progressive numbering Top heavy containers shall be so marked either Top Heavy or Heavy Ends When packing material is clean and light coloured a dark black stencil paint shall be acceptable However where packaging material is soiled or dark a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings In case of large equipments like vessels heat exchangers etc the envelope containing the documents shall be fastened inside a shell connection with an identifying arrow sign documents using indelible paint

16 DELIVERY 161 Unless otherwise mentioned Vendor is requested to quote their best delivery schedule

from the date of receipt of Purchase order 162 Time being the essence of this contract the delivery mentioned in the purchase order shall

be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner Goods should be delivered securely packed and in good order and condition at the place of delivery and within the time specified in the purchase order for their delivery

163 The contractual delivery period is inclusive of all the lead time for engineering

procurement of raw material the manufacturing inspection testing packing transportation or any other activity whatsoever required to be accomplished for affecting the delivery at the required delivery point

164 Unless otherwise specified Material(s) shall not be despatched without prior inspection

andor testing and Release OrderMaterial(s) Acceptance Certificate issued by the Inspector(s)

165 BPCL shall have the right to advise any change in despatch point or destination in respect

of any Material(s) Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence will be reimbursed to the Vendor by BPCL

17 UNLOADING AND STACKING

Unloading and stacking will be arranged by BPCL The Vendor shall send BPCL information of the proposed consignment well in advance by telegramfaxe-mailcourier to enable BPCL to take necessary action

18 TRANSIT INSURANCE

27 | P a g e

Unless otherwise mentioned 181 Transit Insurance shall be in the vendorrsquos scope in the case of inland transportation of

goods 182 In the case of imports insurance against all marine and transit risk shall be covered under

the Owners marine policy However the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carriers responsibility is fully retained on the Carriers so that the consignees interests are fully secured and are in no way jeopardized

182 The Vendor shall send BPCL information of the proposed consignment well in advance by

faxe-mailcourier to enable BPCL to take necessary action for the transit insurance of the consignment Any failure by the Vendor to do so shall place the consignment at the Vendorrsquos risk

183 In the case of imports as soon as any shipment is made the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Limited (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments vessels name port of shipment bill of lading number and date total FOB and freight value

19 VALIDITY OF OFFER

The rates quoted against this tender shall be valid for a period of 180 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions

20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 201 The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered

to on the clear understanding that the Price(s) of the Material(s) hashave been fixed with reference to the said Delivery date(s)

202 If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them

beyond the stipulated date(s) of Delivery the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay and shall promptly keep BPCL informed of all subsequent developments

203 The delivery period quoted must be realistic amp specific The inability of successful Vendors

to execute orders in accordance with the agreed delivery schedule will entitle BPCL at its options to

2031 Accept delayed delivery at prices reduced by a sum equivalent to half percent (05) of the

basic value of any goods not delivered for every week of delay or part thereof limited to a maximum of 5 of the total basic order value LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract Date of receipt of materials at ownerrsquos premises shall be considered for calculation of price reduction for FOR destination contract

In the case of imports the contractual delivery date shall be considered from the date of Letter of Credit (LC) or the date of LC amendment because of Buyerrsquos fault plus one week

28 | P a g e

(to take care of transit time for receipt of LC) plus the delivery schedule as indicated by the vendors

In case of the shipment taking place on ldquoCash against documentsrdquo the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period

Further the date of BL or House airway bill shall be considered to find out the delay with respect to contractual delivery date In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any So vendor shall inform the readiness of material for shipment on FOB (Free on Board) basis FCA (Free on Carrier) basis

2032 Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor without prejudice to its right under 2031 above in respect of goods delivered

21 RISK PURCHASE CLAUSE

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms amp conditions of the order BPCL also reserves the right to procure the same or similar materialsequipment through other sources at vendors entire risk cost and consequences Further the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement

22 FORCE MAJEURE Circumstances leading to force majeure (a) Act of terrorism

(b) Riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection of military or usurped power (c) Ionising radiation or contamination radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component

(d) epidemics earthquakes flood fire hurricanes typhoons or other physical natural disaster but excluding weather conditions regardless of severity and

(e) freight embargoes strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract For the avoidance of doubt inclement weather third party breach delay in supply of materials (other than due to a nationwide transportersrsquo strike) or commercial hardship shall not constitute a Force Majeure event bull Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

9 | P a g e

IV If for any reason the proprietor or the authorized partner or director as the case may be are unable to digitally sign the document the said document should be digitally signed by the constituted attorney having full authority to sign the tender document

39 Online submission of the tender shall be considered as token of having read understood and

totally accepted all the terms and conditions

40 The bidder is expected to examine all instructions forms attachments terms and specifications in the tender document The entire tender document together with all its attachments thereto shall be considered to be read understood and accepted by the bidder unless deviations are specifically stated seriatim by the bidder Failure to furnish all information required in the tender document or submission of a bid not substantially responsive to the tender documents in every respect will be at bidders risk and may result in the rejection of his bid

41 Bidders in their own interest shall ensure that they submit their e-bid complete in all respects well within the specified bid due date and time No relaxation shall be given for delay due to any unforeseen event in submission of bid

42 At any time prior to the bid due date we may for any reason whether at its own initiative or in response to a clarification requested by a prospective Bidder modify the Bid Document The amendment will be notified through e tender portal to all prospective Bidders and will be binding on them In order to afford prospective Bidder reasonable time to take the amendment into account in preparing their bids we may at our discretion extend the bid due date

43 The bid prepared by the Bidder and all correspondence drawings and documents relating to the bid exchanged by Bidder and the Owner shall be written in ENGLISH language provided that any printed literature furnished by the Bidder may be written in another language so long as accompanied by an ENGLISH translation in which case for the purpose of interpretation of the bid the ENGLISH translation shall govern

44 Declaration with the bid qualification criteria that bidder has not been banned or delisted by any Government or quasi Government agencies or Public Sector Undertaking (PSU) as per declaration format (provided as attachment under declaration format) of the tender document should be downloaded amp then suitably filled signed stamped amp uploaded against relevant heading

45 Bidders are advised to submit bids based strictly on the terms amp conditions and specifications contained in the tender document and not to stipulate any deviations Each Bidder shall submit only one bid A Bidder who submits more than one bid will be rejected

46 The Owner may at its discretion extend the bid due date in which case all rights and obligations of the Owner and the Bidders previously subject to the bid due date shall thereafter be subject to the new bid due date as extended

47 TelexTelefax E-mailpostal offers will not be considered and shall be rejected

48 No bid shall be modified subsequent to the due date amp time or extension if any for submission of bids Bidder(s) to note that Price changes after submission of bid shall not be allowed In case any bidder gives revised pricesprice implication his bid shall be rejected No bid shall be

10 | P a g e

allowed to be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder Withdrawal of a bid during this interval shall result in the forfeiture of Bidders EMD No suo motu reduction in prices quoted by bidder shall be permitted after opening of the bid If any bidder unilaterally reduces the prices quoted by him in his bid after opening of bids the bid (s) of such bidder(s) will be liable to be rejected Such reduction shall not be considered for evaluation of prices but shall be binding on the bidder in case he happens to be a successful bidder for award of work

49 Bids that do not meet the Bid qualification criteria as specified in the bid document shall be rejected A bid with incomplete scope of work andor which does not meet the technical requirements as specified in the bid document shall be considered as non-responsive and rejected Conditional bids will be liable for rejection

50 The Owner will examine the bids to determine whether they are complete whether any computational errors have been made whether the documents have been properly signed and whether the bids are generally in order

51 The experience details and financial amp technical capabilities of the Bidder(s) shall be examined to determine whether the Bidder(s) offer meets the Bid Qualification criteria mentioned To assist in the examination evaluation and comparison of Un-priced bids the Owner may at its discretion ask the Bidder clarifications on the bid The request for such clarifications and the response thereto shall be in writing Prior to the evaluation and comparison of the bid the Owner will determine the substantial responsiveness of each bid to the bidding documents

52 Prior to the expiration of period of bid validity the Owner will notify the successful Bidder in writing or by email that his bid has been accepted The Notification of Award will constitute the formation of the Contract Delivery Period shall be counted from the date of notification of award (LetterFaxe-mail of Intent)

53 Any efforts by a Bidder to influence the Owner in the Owner bid evaluation bid comparison or contract award decisions may result in the rejection of their bid

54 VERIFICATION BY OWNER All statements submitted by Bidder regarding experience manpower availability equipment and machinery availability etc are subject to verification by the Owner either before placement of order or after placement of order If any data submitted by the Bidder at the bid stage is found to be incorrect the offer is liable to be rejected or the Contractorder is liable to be terminated

55 The relevant WCTTDS if amp as applicable will be deducted from the charges quoted by the successful bidder

56 It is for the Bidder to assess and ascertain the Tax rate applicable on quoted items It is clearly understood that Owner will not have any additional liability towards payment of taxdutycess which is based on Bidders wrong assessment interpretation of applicability of such taxdutycess For Services such as installation commissioning activities bidderrsquos quoted prices shall be inclusive of taxes applicable till complete execution of the ordercontract and Owner shall not have any liabilities whatsoever on this account Variation for any reason including Statutory levies will be vendorrsquos account Bidder shall quote rate of Tax on the quoted charges Bidder shall ensure that invoice(s) shows the tax component separately and is issued in accordance with the applicable Tax Rules Octroi Entry tax if applicable in India shall be directly paid by the vendor which shall be reimbursed by Owner at actuals on

11 | P a g e

submission of documentary proof BPCL shall not be liable in case the tax authorities assess the tax elements in a different way on account of any reason whatsoever Taxes and duties other than those specified in this document if any shall be included in the quoted prices and no reimbursement shall be made by BPCL Ownerrsquos liability with respect to taxes and duties will be restricted to the Tax as quoted by the bidder Any new or additional taxes or duties levied by statutory authorities during contract shall be borne by the bidder

57 ISSUE OF CONTRACT PURCHASE ORDER After the successful Bidder has been notified that his bid has been accepted the Owner will send to such Bidder a detailed contractPurchase Orders incorporating all the terms and conditions agreed between the parties Within 7 days of receipt of the detailed contract Purchase Order the Bidder shall sign and return to the Owner the duplicate copy of the contractorder as a token of their Acknowledgement The contract will be issued by CPO (M) dept amp call-off orderspurchase orders by EampP dept of BPCL

58 Grievance Redressal Mechanism Bharat Petroleum Corporation Limited (BPCL) has developed the Grievance Redressal Mechanism to deal with references grievances if any that is received from bidders who participated intends to participate in the Corporation tender The details of the same are available on our website wwwbharatpetroleumin

59 It shall be understood that every endeavour has been made to avoid errors which can materially affect the basis of the tender and the successful vendor shall take upon himself and provide for risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof

60 In case a Start-up is interested in supplying a tendered item but does not meet the Pre-

Qualification Criteria(PQC)Proven Track Record (PTR) of prior Turnover norm as indicated in the tender document the Start-up may be requested to write a detailed proposal separately and not against the present tender requirement to the tender issuing authority about its product Such proposal should be accompanied by relevant documents in support of Start-ups as under

I Certificate of Recognition issued by Department of Industrial Policy and Promotion (DIPP) Ministry of Commerce and Industry GOI

II Certificate of Incorporation Registration III Audited PampL Statement of all the financial years since incorporation IV In case where balance sheet has not been prepared bidder shall submit a certificate

in Original from its CEOCFO stating the turnover of the bidding entity separately for each Financial Year Since incorporation along with declaration stating the reason for not furnishing the audited PampL statement The Certificate shall be endorsed by Chartered Accountant Statutory Auditor

61 By submitting the bid the bidder undertakes as under

Iwe hereby undertake that the statements made hereininformation given in the bids through e-tendering systemannexuresformsuploaded documents referred are true in all respects and that in the event of any such statement or information being found to be incorrect in any particular the same may be construed to be a misrepresentation entitling BPCL to avoid any resultant contract Iwe further undertake as and when called upon by BPCL to produce for its inspection original(s) of the document(s) of which copies have been annexed hereto

12 | P a g e

62 For any clarification on e-tendering training uploading of document on e-procurement site please contact our service provider Ms E-procurement Technology Ltd on below numbers Phone 02224176419 E-mailsupportbpcleprocinmumbaisupporteptlin HELP DESK NOS 91-79-40016848 40016818

63 For any queries clarifications on tender technical specifications commercial points and

other terms and conditions of the tender please contact as under- Mr Seema Khadase Asst Manager Procurement CPO (MKTG) CONTACT NO 91-22-24176405 8879222134 (M) EMAIL seemakhadasebharatpetroleumin

64 In case you are not satisfied with the clarification of doubts you may escalate the query

To MrAjoy Sarkar Procurement Leader CPO (MKTG) CONTACT NO 91-22-24176412 9819971906 (M) EMAIL sarkarabharatpetroleumin

65 Office Address CPO-MKTG Bharat Petroleum Corp Ltd lsquoArsquo Installation Sewree Fort Road

Sewree-East Mumbai-400015 66 Contact details of Independent External Monitors (IEM) for Complaints and Disputes

regarding the tender only

Shri Vikram Srivastava Shri Virendra Bahadur Singh Shri Anupam Kulshreshtha

ADDRESS ADDRESS ADDRESS

E-202 Second Floor Greater Kailash Part 2 New Delhi - 110048

HNo B-564 Vineet Khand Gomati Nagar Lucknow - 226010

B-33 lsquoYarrows Apartmentsrsquo

Plot C-585 Sector 62

Noida UP -201309

vikramsrivastava1973gmailcom vbsinghipsgmailcom Anupam8gmailcom

Mob No 09810642323 Mob No 8853760730 Mob No 9968281160

Thanking you Yours faithfully for Bharat Petroleum Corporation Ltd Ajoy Sarkar Procurement Leader

13 | P a g e

General Instructions to bidders for e-tendering

1 Interested parties may download the tender from BPCL website (httpwwwBharatpetroleumin) or the CPP portal (httpeprocuregovin) or from the e-tendering website (httpsbpcleprocin) and participate in the tender as per the instructions given therein on or before the due date of the tender The tender available on the BPCL website and the CPP portal can be downloaded for reading purpose only For participation in the tender please fill up the tender online on the e-tender system available on httpsbpcleprocin 2 For registration on the e-tender site httpsbpcleprocin you can be guided by the ldquoInstructions to Vendorsrdquo available under the download section of the homepage of the website As the first step bidder shall have to click the ldquoRegisterrdquo link and fill in the requisite information in the ldquoBidder Registration Formrdquo Kindly remember your e-mail id (which will also act as the login ID) and the password entered therein Once you complete this process correctly you shall get a system generated mail Login in to the portal using your credentials When you log in for the first time system will ask you to add your Digital Signature Once you have added the Digital Signature please inform us by mail to the vendor administrator vendoradminbpcleprocin with a copy to supportbpcleprocin for approval Once approved bidders can login in to the system as and when required 3 As a pre-requisite for participation in the tender vendors are required to obtain a valid Digital Certificate of Class IIB and above (having both signing and encryption certificates) as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCIA) Controller of Certifying Authorities (CCA) The cost of obtaining the digital certificate shall be borne by the vendor In case any vendor so desires he may contact our e-procurement service provider Ms E-Procurement Technologies Ltd Ahmedabad (Contact no Tel +91 79 4001 6868 for obtaining the digital signature certificate 4 Corrigendumamendment if any shall be notified on the site httpsbpcleprocin In case any corrigendumamendment is issued after the submission of the bid then such vendors who have submitted their bids shall be intimated about the corrigendumamendment by a system-generated email It shall be assumed that the information contained therein has been taken into account by the vendor They have the choice of making changes in their bid before the due date and time 5 Price bid of only those vendors shall be opened whose Techno-Commercial bid is found to be acceptable to us The schedule for opening the price bid shall be advised separately 6 Directions for submitting online offers electronically against e-procurement tenders directly through internet (i) Vendors are advised to log on to the website (httpsbpcleprocin) and arrange to register themselves at the earliest if not done earlier (ii) The system time (IST) that will be displayed on e-Procurement web page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance (iii) Vendors are advised in their own interest to ensure that their bids are submitted in e-Procurement system well before the closing date and time of bid If the vendor intends to changerevise the bid already submitted they shall have to withdraw their bid already submitted change revise the bid and submit once again In case vendor is not able to complete

14 | P a g e

the submission of the changedrevised bid within due date amp time the system would consider it as no bid has been received from the vendor against the tender and consequently the vendor will be out of contention The process of change revise may do so any number of times till the due date and time of submission deadline However no bid can be modified after the deadline for submission of bids (iv) Once the entire process of submission of online bid is complete they will get an auto mail from the system stating you have successfully submitted your bid in the following tender with tender details (v) Bids Offers shall not be permitted in e-procurement system after the due date time of tender Hence no bid can be submitted after the due date and time of submission has elapsed (vi) No manual bidsoffers along with electronic bidsoffers shall be permitted 7 For tenders whose estimated procurement value is more than Rs 10 lakhs vendors can see the rates quoted by all the participating bidders once the price bids are opened For this purpose vendors shall have to log in to the portal under their user ID and password click on the ldquodash boardrdquo link against that tender and choose the ldquoResultsrdquo tab 8 No responsibility will be taken by BPCL andor the e-procurement service provider for any delay due to connectivity and availability of website They shall not have any liability to vendors for any interruption or delay in access to the site irrespective of the cause It is advisable that vendors who are not well conversant with e-tendering procedures start filling up the tenders much before the due date time so that there is sufficient time available with himher to acquaint with all the steps and seek help if they so require Even for those who are conversant with this type of e-tendering it is suggested to complete all the activities ahead of time It should be noted that the individual bid becomes viewable only after the opening of the bid onafter the due date and time Please be reassured that your bid will be viewable only to you and nobody else till the due date time of the tender opening The non-availability of viewing before due date and time is true for e-tendering service provider as well as BPCL officials 9 BPCL andor the e-procurement service provider shall not be responsible for any direct or indirect loss or damages and or consequential damages arising out of the bidding process including but not limited to systems problems inability to use the system loss of electronic information etc In case of any clarification pertaining to e-procurement process and system related issues the vendor may contact Ms E-Procurement Technologies Ltd at contact no Tel +91 79 40270573 followed with an e-mail to id supportbpcleprocin

15 | P a g e

General Purchase Conditions The following conditions shall be applicable for all procurement unless specifically mentioned in the Special Purchase Conditions I N D E X 1 DEFINITIONS 2 REFERENCE FOR DOCUMENTATION 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER 4 LANGUAGE OF BID 5 PRICE 6 TAXES AND DUTIES 7 INSPECTION 8 SHIPPING 9 INDIAN AGENT COMMISSION 10 ORDER AWARD EVALUATION CRITERIA 11 CONFIRMATION OF ORDER 12 PAYMENT TERMS 13 GUARANTEEWARRANTY 14 PERFORMANCE BANK GUARANTEE 15 PACKING amp MARKING 16 DELIVERY 17 UNLOADING AND STACKING 18 TRANSIT INSURANCE 19 VALIDITY OF OFFER 20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 21 RISK PURCHASE CLAUSE 22 FORCE MAJEURE CLAUSE 23 ARBITRATION CLAUSE 24 INTEGRITY PACT (IP) 25 RECOVERY OF SUMS DUE 26 CONFIDENTIALITY OF TECHNICAL INFORMATION 27 PATENTS amp ROYALTIES 28 LIABILITY CLAUSE 29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT 30 COMPLIANCE OF REGULATIONS 31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT 32 NON-WAIVER 33 NEW amp UNUSED MATERIAL 34 PURCHASE PREFERENCE CLAUSE 35 CANCELLATION 36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION 37 ASSIGNMENT 38 GOVERNING LAW 39 AMENDMENT 40 NOTICES 41 POLICY ON HOLIDAY LISTING 42 ORDER OF PRECEDENCE FOR PURCHASES 43 TERMINATION FOR CONVENIENCE

16 | P a g e

GENERAL PURCHASE CONDITIONS 1 DEFINITIONS

The following expressions used in these terms and conditions and in the purchase order shall have the meaning indicated against each of these

11 OWNER Owner means Bharat Petroleum Corporation Limited (a Government of India

enterprise) a Company incorporated in India having its registered office at Bharat Bhavan 4 amp 6 Currimbhoy Road Ballard Estate Mumbai 400038 and shall include its successors and assigns (hereafter called BPCL as a short form)

12 VENDOR Vendor means the person firm or the Company Corporation to whom this

Request for quotation (RFQ)purchase order is issued and shall include its successors and assigns

13 INSPECTOR Person agency deputed by BPCL for carrying out inspection checkingtesting

of items ordered and for certifying the items conforming to the purchase order specifications

14 GOODS MATERIALS means any of the articles materials machinery equipments

supplies drawing data and other property and all services including but not limited to design delivery installation inspection testing and commissioning specified or required to complete the order

15 SITE LOCATION means any Site where BHARAT PETROLEUM CORPORATION LIMITED

desires to receive materials any where in India as mentioned in RFQ 16 ldquoRATE CONTRACTrdquo means the agreement for supply of goods materials between Owner

and Vendor for a fixed period of time (ie till validity of Rate Contract with no commitment of contractual quantity) on mutually agreed terms and conditions The actual supply of goods materials shall take place only on issue of separate purchase orders for required quantity as and when required by Owner

17 ldquoFIRM PROCUREMENTrdquo means the agreement between the parties for mutually agreed

terms and conditions with commitment of Quantity Ordered 2 REFERENCE FOR DOCUMENTATION 21 The number and date of Collective Request for Quotation (CRFQ) must appear on all

correspondence before finalization of Rate Contract Purchase Order 22 After finalization of Contract Purchase Order The number and date of Rate Contract

Purchase Order must appear on all correspondence drawings invoices dispatch advices (including shipping documents if applicable) packing list and on any documents or papers connected with this order

23 In the case of imports the relevant particulars of the import Licence shall be duly indicated in

the invoice and shipping documents as well as on the packages or consignments 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER

17 | P a g e

The right to accept the tender will rest with the Owner 4 LANGUAGE

The Bid and all supporting documentation and all correspondence whatsoever exchanged by Vendor and Owner shall be in English language only

5 PRICE

Unless otherwise agreed to the terms of the RFQ price shall be Firm and no escalation will be entertained on any ground except on the ground of statutory levies applicable on the tendered items

6 TAXES AND DUTIES All vendors shall have VAT CSTGSTService tax registration in the concerned State and vendor shall quote their TIN number in the quotation

61 EXCISE DUTY 611 Excise duty extra as applicable at the time of delivery within scheduled delivery period will

be payable by BPCL against documentary evidence Vendor shall mention in their offer the percentage of excise duty applicable at present Any upward variation in excise duty rates beyond the contractual delivery period shall be to vendorrsquos account

612 In case Excise Duty is not applicable at present Excise duty due to change in turn over is

not payable If applicable in future the same will be borne by vendor 613 Owner shall take CENVAT Credit on the material supplied for both excise duty and cess

component and accordingly Excise duty Cess should be quoted separately wherever applicable

Vendor shall ask the transporter of the goods to hand over the copy of excise invoice (transporterrsquos copy) at the time of delivery of goods at ownerrsquos site

62 SALES TAX VATGST 621 Sales Tax as applicable at the time of delivery within scheduled delivery period will be

payable by BPCL Vendor shall give details of local sales tax and or central sales tax currently applicable in their offer The rates applicable for ldquoCST without form Crdquo ldquoCST with form C and ldquoVATrdquo shall be clearly indicated

622 Input VAT Credit may be claimed by BPCL wherever applicable Vendor shall submit the

TAX invoice 63 SERVICE TAX All vendors shall have service tax registration wherever applicable BPCL

may also claim CENVAT Credit on service tax The vendor should quote service tax separately if applicable Vendor shall submit the TAX invoice Vendor is required to furnish serially numbered and signed invoice bill challan containing the following details

Name address and registration number of the service provider Name and address of person receiving taxable service Description classification and value of taxable service provided Service Tax Payable

18 | P a g e

64 FREIGHT AND OCTROI 641 Freight Firm freight charges to be quoted as indicated in the Tender documents Freight

shall be payable after receipt of the Material(s) at the site unless otherwise specified 642 Octroi and entry taxes if any shall be invoiced separately and shall be re-imbursed by BPCL

at actuals after receipt of the Material(s) at the Site against the submission of original documentary evidence for proof of payment of the related octroi and entry taxes as the case may be

65 NEW STATUTORY LEVIES All new statutory levies leviable on sale of finished goods to

owner if applicable are payable extra by BPCL against documentary proof within the contractual delivery period

66 VARIATION IN TAXES DUTIES Any increasedecrease in all the above mentioned

statutory levies on the date of delivery during the scheduled delivery period on finished materials will be on BPCLs account Any upward variation in statutory levies after contractual delivery date shall be to vendorrsquos account

67 INCOME TAX (WITHHOLDING TAX) In the case of availment of services from Non Resident

Vendors who are claiming benefits offered under the Double Taxation Avoidance Agreements signed by India with the Government of the other country (ie the country of the Vendor) such Non Resident Vendors are required to provide the Tax Residency Certificates at the time of submission of Bid documents The Tax Residency Certificates shall contain the following details

a) Name of Vendor (assessee) b) Status (Individual Company firm etc) of assessee c) Nationality (in case of individual) d) Country or specified territory of incorporation or registration (in case of others) e) Assessee lsquos tax identification number in the country or specified territory of residence

or in case no such number then a unique number on the basis of which the person is identified by the Government of the country or the specified territory

f) Residential status for the purpose of tax g) Period for which the certificate is applicable and h) Address of the applicant for the period for which the certificate is applicable

The Tax Residency Certificate shall be duly verified by the Government of the Country or the specified territory of the assessee of which the assessee claims to be a resident for the purposes of tax

7 INSPECTION 71 Materials shall be inspected by BPCL approved third party inspection agency if applicable

before dispatch of materials However arranging and providing inspection facilities is entirely vendorrsquos responsibility and in no way shall affect the delivery schedule

72 Scope of Inspection shall be as per RFQ Materials shall be inspected as per scope of

inspection by TPIAs which are registered under ldquoNABCB accredited bodies as per

19 | P a g e

requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of Goods The link is a below

httpnabcbqciorginaccreditationreg_bod_inspection_bodiesphp 73 Unless otherwise specified the inspection shall be carried out as per the relevant

standards scope of inspection provided alongwith the Tender EnquiryPurchase Order 74 BPCL may at its own expense have its representative(s) witness any test or inspection In

order to enable BPCLrsquos representative(s) to witness the tests inspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections

75 Even if the inspection and tests are fully carried out the Vendor shall not be absolved from

its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendorrsquos responsibility shall also not be anywise reduced or discharged because BPCL or BPCLrsquos representative(s) or Inspector(s) shall have examined commented on the Vendorrsquos drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s)

76 Although material approved by the Inspector(s) if on testing and inspection after receipt

of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

8 SHIPPING 81 SEA SHIPMENT All shipment of materials shall be made by first class direct vessels

through the chartering wing Ministry of Surface Transport as per procedure detailed hereunder The Foreign Supplier shall arrange with Vessels Owners or Forwarding Agents for proper storage of the entire Cargo intended for the project in a specific manner so as to faciliate and to avoid any over carriage at the port of discharge All shipment shall be under deck unless carriage on deck is unavoidable

The bills of lading should be made out in favour of `Bharat Petroleum Corporation Limited

or order

All columns in the body of the Bill of Lading namely marks and nos material description weight particulars etc should be uniform and accurate and such statements should be uniform in all the shipping documents The freight particulars should mention the basis of freight tonnage heavy lift charges if any surcharge discount etc clearly and separately The net total freight payable shall be shown at the bottom

SHIPPING DOCUMENTS All documents viz Bill of Lading invoices packing list freight

memos country of origin certificates test certificate drawings and catalogues should be in English language

20 | P a g e

In addition of the bill of lading which should be obtained in three stamped original plus as

many copies as required invoices packing list freight memos (if the freight particulars are not shown in the bills of lading) country of origin certificate test composition certificate shall be made out against each shipment in as many number of copies as shown below

The bill of lading invoice and packing list specifically shall show uniformly the mark and

numbers contents case wise country of origin consignees name port of destination and all other particulars as indicated under clause 2 The invoice shall show the unit rates and net total FOB prices Items packed separately should also be invoiced and the value shown accordingly Packing list must show apart from other particulars actual contents in each case net and gross weights and dimensions and the total number of packages All documents should be duly signed by the Vendorrsquos authorised representatives

In the case of FOB orders shipping arrangements shall be made by the Chartering Wing of

the Ministry of Surface Transport New Delhi through their respective forwarding agents The names and addresses of forwarding agents shall be as per Special Purchase Conditions Supplier shall furnish to the respective agents the full details of consignments such as outside dimension weights (both gross and net) No of packages technical description and drawings name of supplier ports of loading etc 6-weeks notice shall be given by the supplier to enable the concerned agency to arrange shipping space

The bill of lading shall indicate the following Shipper Government of India Consignee Bharat Petroleum Corporation Limited In case of supplies from USA Export Licences if any required from the American

Authorities shall be obtained by the US Suppliers If need be assistance for obtaining such export licences would be available from India Supply Mission at Washington

82 AIRSHIPMENT In case of Airshipment the materials shall be shipped through freight

consolidator (approved by us) The airway bill shall be made out in favour of BHARAT PETROLEUM CORPORATION LIMITED

TRANSMISSION OF SHIPPING DOCUMENTS Foreign Supplier shall obtain the shipping

documents in seven complete sets including three original stamped copies of the Bill of Lading as quickly as possible after the shipment is made and airmail as shown below so that they are received at least three weeks before the Vessels arrival Foreign Supplier shall be fully responsible or any delay and or demurrage in clearance of the consignment at the port due to delay in transmittal of the shipping documents

If in terms of letter or otherwise the complete original set of documents are required to

be sent to BPCL through Bank the distribution indicated below will confine to copies of documents only minus originals

Documents BPCL (Mumbai) Bill of Lading 4 (including 1 original) Invoice 4

21 | P a g e

Packing List 4 Freight Memo 4 Country of Origin Certificate 4 Third party inspection certificate 4 Drawing 4 Catalogue 4 Invoice of Third Party 4 for inspection charges whenever applicable

9 INDIAN AGENT COMMISSION

Any offer through Indian agents will be considered only after authorization mentioning them as Indian agents is received from Vendor Indian agents commission if applicable will be payable only in Indian currency Indian agents should be registered with Directorate General of Supplies and Disposals Government of India and agency commission will be payable only after registration with DGSampD New Delhi

10 ORDER AWARD EVALUATION CRITERIA

Unless otherwise specified Order award criteria will be on lowest quote landed price basis Landed price will be summation of Basic Price Packing amp Forwarding Charges Excise Duty Sales Tax Freight Inspection Octroi Supervision of Installation amp Commissioning and other taxes amp levies loading etc if any reduced by cenvatvat credit as applicable

11 CONFIRMATION OF ORDER

The vendor shall acknowledge the receipt of the purchase order within 10 days of mailing the same The vendor shall sign stamp the acknowledgement copy of the purchase order and return the same to BPCL

12 PAYMENT TERMS 121 Unless otherwise specified 100 payment shall be made within 30 days from date of

receipt and acceptance of materials at Site against submission of Peformance Bank Guarantee (PBG) for 10 of basic order value if PBG is applicable for the tender

122 In the case of imports payment will be made on submission of original documents directly

to Owner (Telegraphic Transfer-TT) or through Bank (Cash against documents-CAD) or through Irrevocable Letter of Credit

123 Unless otherwise mentioned the specified documents (All documents listed below (one

original and two copies) should be submitted to originator of PO (the name and contact details of whom are given in PO) and payments for despatches will be made by the originator of Purchase Order a) Invoice b) Excise invoice c) The Lorry Receipt of the consignment d) Packing list for the consignment e) Third Party Inspectorrsquos Certificate covering the invoiced Material(s) Release Note

wherever applicable f) Manufacturers TestComposition Certificate wherever applicable g) Drawing(s)Catalogue(s) covering the Material(s) wherever applicable h) GuaranteeWarranty Certificate(s) wherever applicable i) Original Receipt for Octroiother statutory levies as applicable

22 | P a g e

j) Performance Bank Guarantee as applicable 13 GUARANTEE WARRANTY 131 Materials shall be guaranteed against manufacturing defects materials workmanship

and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier Warranty for replacement of material accessories should be provided free of charges at our premises The above guaranteewarranty will be without prejudice to the certificate of inspection or material receipt note issued by us in respect of the materials In case the defect arises within the abovementioned Defect Liability Period (DLP) and the same is repairedreplaced the DLP for the repairedreplaced jobitem will be extended suitably so as to cover the original DLP However in no case such extension will exceed 24 months from date of start of initial DLP

132 All the materials including components and sub contracted items should be guaranteed by

the vendor within the warranty period mentioned above In the event of any defect in the material the vendor will replace repair the material at BPCLrsquos concerned location at vendorrsquos risk and cost on due notice

133 In case vendor does not replace repair the material on due notice rejected material will

be sent to the vendor on ldquoFreight to payrdquo basis for free replacement Material after rectification of defects shall be dispatched by the vendor on ldquoFreight Paidrdquo basis Alternatively BPCL reserves the right to have the material repaired replaced at the locations concerned at the vendorrsquos risk cost and responsibility

134 The Vendor shall provide similar warrantee on the parts components fittings accessories

etc so repaired and or replaced 14 PERFORMANCE BANK GUARANTEES 141 Vendor will have to provide Performance Bank Guarantee for 10 of the basic value of

purchase order unless otherwise specified This bank guarantee shall be valid (shall remain in force) for guarantee period (as mentioned in the guarantee clause) with an invocation period of six months thereafter In the case of Indigenous vendors the Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100) PBG format is as per Annexure-I

In case PBG is not provided by the Vendor 10 of the basic value shall be retained in lieu of PBG till the expiry of guarantee and claim period

In the case of imports the Supplier shall furnish the Performance Bank Guarantee (as per Annexure-I) through the following

(a) Branches of Indian scheduled banks operating in their Country (b) Foreign bank operating in their Country which is counter guaranteed by branches of

Indian scheduled banks operating in their Country India (c) Indian branches of foreign banks (d) Foreign bank operating in their Country counter guaranteed by their Indian branch

23 | P a g e

However in respect of (c) and (d) above the Indian branch of foreign banks should be recognized as scheduled bank by Reserve Bank of India

142 If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG (ie

PBG issued against every purchase call off order) then the validity of PBG will be calculated as mentioned below

1421 Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate Contract

Period (validity of Rate Contract) + Contractual Delivery Period of material + Contractual Guarantee period + 6 month (for invocation Claim)

143 You may use following Bank details for SFMS PBG

Name of Bank State Bank of India Branch CAG Branch Mumbai Account No 11083980831 IFSC Code SBIN0009995

15 PACKING amp MARKING 151 PACKING 1511 Packing shall withstand the hazards normally encountered with the means of transport for

the goods of this purchase order including loading and unloading operation both by crane and by pushing off

In the case of imports all equipments materials shall be suitably packed in weather proof

seaworthy packing for ocean transport under tropical conditions and for rail or road or other appropriate transport in India The packing shall be strong and efficient enough to ensure safe preservance upto the final point of destination

RawSolid wood packaging material of imported items has to be appropriately treated amp

marked as per International Standard of Phytosanitary Measures (ISPM-15) for material originating from the contracting countries to the International Plant Protection Convention or the members of Food amp Agriculture Organization Material from non-contracting parties would have to be accompanied by a phytosanitary certificate of the treatment endorsed The Custom Officer at Indian Port shall not release the material without appropriate compliance of the above provisions wef 01112004

1512 The packing specification incorporated herein are supplementary to the internal and

external packing methods and standards as per current general rules of JRA Good Tariff Part-I All packaging shall be done in such a manner as to reduce volume as much as possible

1513 Fragile articles should be packed with special packing materials depending on the type of

Materials and the packing shall bear the words HANDLE WITH CARE GLASS FRAGILE DONT ROLL THIS END UP THIS END DOWN to be indicated by arrow

1514 Chemicals in powder form catalyst refractories and like materials etc shall be packed in

drums cans and tins only However Catalyst may be supplied in Jumbo bags

24 | P a g e

1515 The hazardous materials shall be packed in accordance with the applicable rules regulations and tariff of all cognizant Government Authorities and other Governing bodies It shall be the responsibility of the seller of hazardous materials to designate the material as hazardous and to identify each material by its proper commodity name and its hazardous material class code

1516 All packages requiring handling by crane should have sufficient space at appropriate place

to put sling of suitable dia (strength) IronSteel angle should be provided at the place where sling marking are made to avoid damage to package equipment while lifting

1517 Item shipped in bundles must be securely tied with steel wire or strapping Steel reinforcing

rods bars pipes structural members etc shall be bundled in uniform lengths and the weight shall be within the breaking strength of the securing wire or strapping

In the case of imports for bundles the shipping marks shall be embossed on metal or

similar tag and wired securely on each end 1518 All delicate surfaces on equipment materials should be carefully protected and printed

with protective paintcompound and wrapped to prevent rusting and damage 1519 All mechanical and electrical equipment and other heavy articles shall be securely fastened

to the case bottom and shall be blocked and braced to avoid any displacement shifting during transit

15110 Attachments and spare parts of equipment and all small pieces shall be packed separately

in wooden cases with adequate protection inside the case and wherever possible should be sent along with the main equipment Each item shall be suitably tagged with identification of main equipment item denomination and reference number of respective assembly drawing Each item of steel structure and furnaces shall be identified with two erection markings with minimum lettering height of 15mm Such markings will be followed by the collection numbers in indelible inkpaint A copy of the packing list shall accompany the materials in each package

15111 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted

wooden disc on the flanges All nozzles holes and openings and also all delicate surfaces shall be carefully protected against damage and bad weather All manufactured surfaces shall be painted with rust proof paint

In the case of imports for bulk uniform material when packed in several cases progressive

serial numbers shall be indicated on each case 15112 Wherever required equipment materials instruments shall be enveloped in polythene

bags containing silicagel or similar dehydrating compound

15113 Pipes shall be packed as under (a) Upto 50mm NB in wooden cases crates (b) Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimum

three places (c) Above 100mm NB in loose

25 | P a g e

15114 Pipes and tubes of stainless steel copper etc shall be packed in wooden cases irrespective of their sizes

15115 Pipes with threaded or flanged ends shall be protected with suitable caps covers before

packing In the case of imports all pipes and sheets shall be marked with strips bearing progressive no

15116 Detailed packing list in waterproof envelope shall be inserted in the package together with

equipmentmaterials One copy of the detailed packing list shall be fastened outside of the package in waterproof envelope and covered by metal cover

15117 The supplier shall be held liable for all damages or breakages to the goods due to the

defective or insufficient packing as well as for corrosion due to insufficient protection 15118 Packaged equipment or materials showing damage defects or shortages resulting from

improper packaging materials or packing procedures or having concealed damages or shortages at the time of unpacking shall be to the supplierrsquos account

All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearly indicated and marked ldquoATTENTION SPECIAL LOAD HANDLE WITH CARErdquo both in English Hindi Languages

In the case of imports a distinct colour splash in say red black around each package crate

bundle shall be given for identification 15119 Along with the packed material supplier should attach material list manualsinstructions

and also the Inspection certificate release note wherever applicable 152 MARKING The following details to be written on the side face of packing

a) Purchase Order Number b) Vendor Name c) Batch no with manufacturing date d) Procedure (in brief) for handling e) Date of dispatch etc

153 IMPORTED ITEMS On three sides of the packages the following marks shall appear clearly

visible with indelible paint and on Vendors care and expenses

BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions) From To Bharat Petroleum Corporation Limited (With detailed address as given in Special Purchase Conditions) Order No Rev No Item Equipment Nomenclature Net weight Kgs

26 | P a g e

Gross weight Kgs Case No of Total cases Dimensions Import License No NOTE Marking shall be bold - minimum letter height 5 cm For every order and every shipment packages must be marked with serial progressive numbering Top heavy containers shall be so marked either Top Heavy or Heavy Ends When packing material is clean and light coloured a dark black stencil paint shall be acceptable However where packaging material is soiled or dark a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings In case of large equipments like vessels heat exchangers etc the envelope containing the documents shall be fastened inside a shell connection with an identifying arrow sign documents using indelible paint

16 DELIVERY 161 Unless otherwise mentioned Vendor is requested to quote their best delivery schedule

from the date of receipt of Purchase order 162 Time being the essence of this contract the delivery mentioned in the purchase order shall

be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner Goods should be delivered securely packed and in good order and condition at the place of delivery and within the time specified in the purchase order for their delivery

163 The contractual delivery period is inclusive of all the lead time for engineering

procurement of raw material the manufacturing inspection testing packing transportation or any other activity whatsoever required to be accomplished for affecting the delivery at the required delivery point

164 Unless otherwise specified Material(s) shall not be despatched without prior inspection

andor testing and Release OrderMaterial(s) Acceptance Certificate issued by the Inspector(s)

165 BPCL shall have the right to advise any change in despatch point or destination in respect

of any Material(s) Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence will be reimbursed to the Vendor by BPCL

17 UNLOADING AND STACKING

Unloading and stacking will be arranged by BPCL The Vendor shall send BPCL information of the proposed consignment well in advance by telegramfaxe-mailcourier to enable BPCL to take necessary action

18 TRANSIT INSURANCE

27 | P a g e

Unless otherwise mentioned 181 Transit Insurance shall be in the vendorrsquos scope in the case of inland transportation of

goods 182 In the case of imports insurance against all marine and transit risk shall be covered under

the Owners marine policy However the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carriers responsibility is fully retained on the Carriers so that the consignees interests are fully secured and are in no way jeopardized

182 The Vendor shall send BPCL information of the proposed consignment well in advance by

faxe-mailcourier to enable BPCL to take necessary action for the transit insurance of the consignment Any failure by the Vendor to do so shall place the consignment at the Vendorrsquos risk

183 In the case of imports as soon as any shipment is made the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Limited (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments vessels name port of shipment bill of lading number and date total FOB and freight value

19 VALIDITY OF OFFER

The rates quoted against this tender shall be valid for a period of 180 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions

20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 201 The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered

to on the clear understanding that the Price(s) of the Material(s) hashave been fixed with reference to the said Delivery date(s)

202 If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them

beyond the stipulated date(s) of Delivery the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay and shall promptly keep BPCL informed of all subsequent developments

203 The delivery period quoted must be realistic amp specific The inability of successful Vendors

to execute orders in accordance with the agreed delivery schedule will entitle BPCL at its options to

2031 Accept delayed delivery at prices reduced by a sum equivalent to half percent (05) of the

basic value of any goods not delivered for every week of delay or part thereof limited to a maximum of 5 of the total basic order value LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract Date of receipt of materials at ownerrsquos premises shall be considered for calculation of price reduction for FOR destination contract

In the case of imports the contractual delivery date shall be considered from the date of Letter of Credit (LC) or the date of LC amendment because of Buyerrsquos fault plus one week

28 | P a g e

(to take care of transit time for receipt of LC) plus the delivery schedule as indicated by the vendors

In case of the shipment taking place on ldquoCash against documentsrdquo the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period

Further the date of BL or House airway bill shall be considered to find out the delay with respect to contractual delivery date In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any So vendor shall inform the readiness of material for shipment on FOB (Free on Board) basis FCA (Free on Carrier) basis

2032 Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor without prejudice to its right under 2031 above in respect of goods delivered

21 RISK PURCHASE CLAUSE

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms amp conditions of the order BPCL also reserves the right to procure the same or similar materialsequipment through other sources at vendors entire risk cost and consequences Further the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement

22 FORCE MAJEURE Circumstances leading to force majeure (a) Act of terrorism

(b) Riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection of military or usurped power (c) Ionising radiation or contamination radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component

(d) epidemics earthquakes flood fire hurricanes typhoons or other physical natural disaster but excluding weather conditions regardless of severity and

(e) freight embargoes strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract For the avoidance of doubt inclement weather third party breach delay in supply of materials (other than due to a nationwide transportersrsquo strike) or commercial hardship shall not constitute a Force Majeure event bull Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

10 | P a g e

allowed to be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder Withdrawal of a bid during this interval shall result in the forfeiture of Bidders EMD No suo motu reduction in prices quoted by bidder shall be permitted after opening of the bid If any bidder unilaterally reduces the prices quoted by him in his bid after opening of bids the bid (s) of such bidder(s) will be liable to be rejected Such reduction shall not be considered for evaluation of prices but shall be binding on the bidder in case he happens to be a successful bidder for award of work

49 Bids that do not meet the Bid qualification criteria as specified in the bid document shall be rejected A bid with incomplete scope of work andor which does not meet the technical requirements as specified in the bid document shall be considered as non-responsive and rejected Conditional bids will be liable for rejection

50 The Owner will examine the bids to determine whether they are complete whether any computational errors have been made whether the documents have been properly signed and whether the bids are generally in order

51 The experience details and financial amp technical capabilities of the Bidder(s) shall be examined to determine whether the Bidder(s) offer meets the Bid Qualification criteria mentioned To assist in the examination evaluation and comparison of Un-priced bids the Owner may at its discretion ask the Bidder clarifications on the bid The request for such clarifications and the response thereto shall be in writing Prior to the evaluation and comparison of the bid the Owner will determine the substantial responsiveness of each bid to the bidding documents

52 Prior to the expiration of period of bid validity the Owner will notify the successful Bidder in writing or by email that his bid has been accepted The Notification of Award will constitute the formation of the Contract Delivery Period shall be counted from the date of notification of award (LetterFaxe-mail of Intent)

53 Any efforts by a Bidder to influence the Owner in the Owner bid evaluation bid comparison or contract award decisions may result in the rejection of their bid

54 VERIFICATION BY OWNER All statements submitted by Bidder regarding experience manpower availability equipment and machinery availability etc are subject to verification by the Owner either before placement of order or after placement of order If any data submitted by the Bidder at the bid stage is found to be incorrect the offer is liable to be rejected or the Contractorder is liable to be terminated

55 The relevant WCTTDS if amp as applicable will be deducted from the charges quoted by the successful bidder

56 It is for the Bidder to assess and ascertain the Tax rate applicable on quoted items It is clearly understood that Owner will not have any additional liability towards payment of taxdutycess which is based on Bidders wrong assessment interpretation of applicability of such taxdutycess For Services such as installation commissioning activities bidderrsquos quoted prices shall be inclusive of taxes applicable till complete execution of the ordercontract and Owner shall not have any liabilities whatsoever on this account Variation for any reason including Statutory levies will be vendorrsquos account Bidder shall quote rate of Tax on the quoted charges Bidder shall ensure that invoice(s) shows the tax component separately and is issued in accordance with the applicable Tax Rules Octroi Entry tax if applicable in India shall be directly paid by the vendor which shall be reimbursed by Owner at actuals on

11 | P a g e

submission of documentary proof BPCL shall not be liable in case the tax authorities assess the tax elements in a different way on account of any reason whatsoever Taxes and duties other than those specified in this document if any shall be included in the quoted prices and no reimbursement shall be made by BPCL Ownerrsquos liability with respect to taxes and duties will be restricted to the Tax as quoted by the bidder Any new or additional taxes or duties levied by statutory authorities during contract shall be borne by the bidder

57 ISSUE OF CONTRACT PURCHASE ORDER After the successful Bidder has been notified that his bid has been accepted the Owner will send to such Bidder a detailed contractPurchase Orders incorporating all the terms and conditions agreed between the parties Within 7 days of receipt of the detailed contract Purchase Order the Bidder shall sign and return to the Owner the duplicate copy of the contractorder as a token of their Acknowledgement The contract will be issued by CPO (M) dept amp call-off orderspurchase orders by EampP dept of BPCL

58 Grievance Redressal Mechanism Bharat Petroleum Corporation Limited (BPCL) has developed the Grievance Redressal Mechanism to deal with references grievances if any that is received from bidders who participated intends to participate in the Corporation tender The details of the same are available on our website wwwbharatpetroleumin

59 It shall be understood that every endeavour has been made to avoid errors which can materially affect the basis of the tender and the successful vendor shall take upon himself and provide for risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof

60 In case a Start-up is interested in supplying a tendered item but does not meet the Pre-

Qualification Criteria(PQC)Proven Track Record (PTR) of prior Turnover norm as indicated in the tender document the Start-up may be requested to write a detailed proposal separately and not against the present tender requirement to the tender issuing authority about its product Such proposal should be accompanied by relevant documents in support of Start-ups as under

I Certificate of Recognition issued by Department of Industrial Policy and Promotion (DIPP) Ministry of Commerce and Industry GOI

II Certificate of Incorporation Registration III Audited PampL Statement of all the financial years since incorporation IV In case where balance sheet has not been prepared bidder shall submit a certificate

in Original from its CEOCFO stating the turnover of the bidding entity separately for each Financial Year Since incorporation along with declaration stating the reason for not furnishing the audited PampL statement The Certificate shall be endorsed by Chartered Accountant Statutory Auditor

61 By submitting the bid the bidder undertakes as under

Iwe hereby undertake that the statements made hereininformation given in the bids through e-tendering systemannexuresformsuploaded documents referred are true in all respects and that in the event of any such statement or information being found to be incorrect in any particular the same may be construed to be a misrepresentation entitling BPCL to avoid any resultant contract Iwe further undertake as and when called upon by BPCL to produce for its inspection original(s) of the document(s) of which copies have been annexed hereto

12 | P a g e

62 For any clarification on e-tendering training uploading of document on e-procurement site please contact our service provider Ms E-procurement Technology Ltd on below numbers Phone 02224176419 E-mailsupportbpcleprocinmumbaisupporteptlin HELP DESK NOS 91-79-40016848 40016818

63 For any queries clarifications on tender technical specifications commercial points and

other terms and conditions of the tender please contact as under- Mr Seema Khadase Asst Manager Procurement CPO (MKTG) CONTACT NO 91-22-24176405 8879222134 (M) EMAIL seemakhadasebharatpetroleumin

64 In case you are not satisfied with the clarification of doubts you may escalate the query

To MrAjoy Sarkar Procurement Leader CPO (MKTG) CONTACT NO 91-22-24176412 9819971906 (M) EMAIL sarkarabharatpetroleumin

65 Office Address CPO-MKTG Bharat Petroleum Corp Ltd lsquoArsquo Installation Sewree Fort Road

Sewree-East Mumbai-400015 66 Contact details of Independent External Monitors (IEM) for Complaints and Disputes

regarding the tender only

Shri Vikram Srivastava Shri Virendra Bahadur Singh Shri Anupam Kulshreshtha

ADDRESS ADDRESS ADDRESS

E-202 Second Floor Greater Kailash Part 2 New Delhi - 110048

HNo B-564 Vineet Khand Gomati Nagar Lucknow - 226010

B-33 lsquoYarrows Apartmentsrsquo

Plot C-585 Sector 62

Noida UP -201309

vikramsrivastava1973gmailcom vbsinghipsgmailcom Anupam8gmailcom

Mob No 09810642323 Mob No 8853760730 Mob No 9968281160

Thanking you Yours faithfully for Bharat Petroleum Corporation Ltd Ajoy Sarkar Procurement Leader

13 | P a g e

General Instructions to bidders for e-tendering

1 Interested parties may download the tender from BPCL website (httpwwwBharatpetroleumin) or the CPP portal (httpeprocuregovin) or from the e-tendering website (httpsbpcleprocin) and participate in the tender as per the instructions given therein on or before the due date of the tender The tender available on the BPCL website and the CPP portal can be downloaded for reading purpose only For participation in the tender please fill up the tender online on the e-tender system available on httpsbpcleprocin 2 For registration on the e-tender site httpsbpcleprocin you can be guided by the ldquoInstructions to Vendorsrdquo available under the download section of the homepage of the website As the first step bidder shall have to click the ldquoRegisterrdquo link and fill in the requisite information in the ldquoBidder Registration Formrdquo Kindly remember your e-mail id (which will also act as the login ID) and the password entered therein Once you complete this process correctly you shall get a system generated mail Login in to the portal using your credentials When you log in for the first time system will ask you to add your Digital Signature Once you have added the Digital Signature please inform us by mail to the vendor administrator vendoradminbpcleprocin with a copy to supportbpcleprocin for approval Once approved bidders can login in to the system as and when required 3 As a pre-requisite for participation in the tender vendors are required to obtain a valid Digital Certificate of Class IIB and above (having both signing and encryption certificates) as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCIA) Controller of Certifying Authorities (CCA) The cost of obtaining the digital certificate shall be borne by the vendor In case any vendor so desires he may contact our e-procurement service provider Ms E-Procurement Technologies Ltd Ahmedabad (Contact no Tel +91 79 4001 6868 for obtaining the digital signature certificate 4 Corrigendumamendment if any shall be notified on the site httpsbpcleprocin In case any corrigendumamendment is issued after the submission of the bid then such vendors who have submitted their bids shall be intimated about the corrigendumamendment by a system-generated email It shall be assumed that the information contained therein has been taken into account by the vendor They have the choice of making changes in their bid before the due date and time 5 Price bid of only those vendors shall be opened whose Techno-Commercial bid is found to be acceptable to us The schedule for opening the price bid shall be advised separately 6 Directions for submitting online offers electronically against e-procurement tenders directly through internet (i) Vendors are advised to log on to the website (httpsbpcleprocin) and arrange to register themselves at the earliest if not done earlier (ii) The system time (IST) that will be displayed on e-Procurement web page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance (iii) Vendors are advised in their own interest to ensure that their bids are submitted in e-Procurement system well before the closing date and time of bid If the vendor intends to changerevise the bid already submitted they shall have to withdraw their bid already submitted change revise the bid and submit once again In case vendor is not able to complete

14 | P a g e

the submission of the changedrevised bid within due date amp time the system would consider it as no bid has been received from the vendor against the tender and consequently the vendor will be out of contention The process of change revise may do so any number of times till the due date and time of submission deadline However no bid can be modified after the deadline for submission of bids (iv) Once the entire process of submission of online bid is complete they will get an auto mail from the system stating you have successfully submitted your bid in the following tender with tender details (v) Bids Offers shall not be permitted in e-procurement system after the due date time of tender Hence no bid can be submitted after the due date and time of submission has elapsed (vi) No manual bidsoffers along with electronic bidsoffers shall be permitted 7 For tenders whose estimated procurement value is more than Rs 10 lakhs vendors can see the rates quoted by all the participating bidders once the price bids are opened For this purpose vendors shall have to log in to the portal under their user ID and password click on the ldquodash boardrdquo link against that tender and choose the ldquoResultsrdquo tab 8 No responsibility will be taken by BPCL andor the e-procurement service provider for any delay due to connectivity and availability of website They shall not have any liability to vendors for any interruption or delay in access to the site irrespective of the cause It is advisable that vendors who are not well conversant with e-tendering procedures start filling up the tenders much before the due date time so that there is sufficient time available with himher to acquaint with all the steps and seek help if they so require Even for those who are conversant with this type of e-tendering it is suggested to complete all the activities ahead of time It should be noted that the individual bid becomes viewable only after the opening of the bid onafter the due date and time Please be reassured that your bid will be viewable only to you and nobody else till the due date time of the tender opening The non-availability of viewing before due date and time is true for e-tendering service provider as well as BPCL officials 9 BPCL andor the e-procurement service provider shall not be responsible for any direct or indirect loss or damages and or consequential damages arising out of the bidding process including but not limited to systems problems inability to use the system loss of electronic information etc In case of any clarification pertaining to e-procurement process and system related issues the vendor may contact Ms E-Procurement Technologies Ltd at contact no Tel +91 79 40270573 followed with an e-mail to id supportbpcleprocin

15 | P a g e

General Purchase Conditions The following conditions shall be applicable for all procurement unless specifically mentioned in the Special Purchase Conditions I N D E X 1 DEFINITIONS 2 REFERENCE FOR DOCUMENTATION 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER 4 LANGUAGE OF BID 5 PRICE 6 TAXES AND DUTIES 7 INSPECTION 8 SHIPPING 9 INDIAN AGENT COMMISSION 10 ORDER AWARD EVALUATION CRITERIA 11 CONFIRMATION OF ORDER 12 PAYMENT TERMS 13 GUARANTEEWARRANTY 14 PERFORMANCE BANK GUARANTEE 15 PACKING amp MARKING 16 DELIVERY 17 UNLOADING AND STACKING 18 TRANSIT INSURANCE 19 VALIDITY OF OFFER 20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 21 RISK PURCHASE CLAUSE 22 FORCE MAJEURE CLAUSE 23 ARBITRATION CLAUSE 24 INTEGRITY PACT (IP) 25 RECOVERY OF SUMS DUE 26 CONFIDENTIALITY OF TECHNICAL INFORMATION 27 PATENTS amp ROYALTIES 28 LIABILITY CLAUSE 29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT 30 COMPLIANCE OF REGULATIONS 31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT 32 NON-WAIVER 33 NEW amp UNUSED MATERIAL 34 PURCHASE PREFERENCE CLAUSE 35 CANCELLATION 36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION 37 ASSIGNMENT 38 GOVERNING LAW 39 AMENDMENT 40 NOTICES 41 POLICY ON HOLIDAY LISTING 42 ORDER OF PRECEDENCE FOR PURCHASES 43 TERMINATION FOR CONVENIENCE

16 | P a g e

GENERAL PURCHASE CONDITIONS 1 DEFINITIONS

The following expressions used in these terms and conditions and in the purchase order shall have the meaning indicated against each of these

11 OWNER Owner means Bharat Petroleum Corporation Limited (a Government of India

enterprise) a Company incorporated in India having its registered office at Bharat Bhavan 4 amp 6 Currimbhoy Road Ballard Estate Mumbai 400038 and shall include its successors and assigns (hereafter called BPCL as a short form)

12 VENDOR Vendor means the person firm or the Company Corporation to whom this

Request for quotation (RFQ)purchase order is issued and shall include its successors and assigns

13 INSPECTOR Person agency deputed by BPCL for carrying out inspection checkingtesting

of items ordered and for certifying the items conforming to the purchase order specifications

14 GOODS MATERIALS means any of the articles materials machinery equipments

supplies drawing data and other property and all services including but not limited to design delivery installation inspection testing and commissioning specified or required to complete the order

15 SITE LOCATION means any Site where BHARAT PETROLEUM CORPORATION LIMITED

desires to receive materials any where in India as mentioned in RFQ 16 ldquoRATE CONTRACTrdquo means the agreement for supply of goods materials between Owner

and Vendor for a fixed period of time (ie till validity of Rate Contract with no commitment of contractual quantity) on mutually agreed terms and conditions The actual supply of goods materials shall take place only on issue of separate purchase orders for required quantity as and when required by Owner

17 ldquoFIRM PROCUREMENTrdquo means the agreement between the parties for mutually agreed

terms and conditions with commitment of Quantity Ordered 2 REFERENCE FOR DOCUMENTATION 21 The number and date of Collective Request for Quotation (CRFQ) must appear on all

correspondence before finalization of Rate Contract Purchase Order 22 After finalization of Contract Purchase Order The number and date of Rate Contract

Purchase Order must appear on all correspondence drawings invoices dispatch advices (including shipping documents if applicable) packing list and on any documents or papers connected with this order

23 In the case of imports the relevant particulars of the import Licence shall be duly indicated in

the invoice and shipping documents as well as on the packages or consignments 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER

17 | P a g e

The right to accept the tender will rest with the Owner 4 LANGUAGE

The Bid and all supporting documentation and all correspondence whatsoever exchanged by Vendor and Owner shall be in English language only

5 PRICE

Unless otherwise agreed to the terms of the RFQ price shall be Firm and no escalation will be entertained on any ground except on the ground of statutory levies applicable on the tendered items

6 TAXES AND DUTIES All vendors shall have VAT CSTGSTService tax registration in the concerned State and vendor shall quote their TIN number in the quotation

61 EXCISE DUTY 611 Excise duty extra as applicable at the time of delivery within scheduled delivery period will

be payable by BPCL against documentary evidence Vendor shall mention in their offer the percentage of excise duty applicable at present Any upward variation in excise duty rates beyond the contractual delivery period shall be to vendorrsquos account

612 In case Excise Duty is not applicable at present Excise duty due to change in turn over is

not payable If applicable in future the same will be borne by vendor 613 Owner shall take CENVAT Credit on the material supplied for both excise duty and cess

component and accordingly Excise duty Cess should be quoted separately wherever applicable

Vendor shall ask the transporter of the goods to hand over the copy of excise invoice (transporterrsquos copy) at the time of delivery of goods at ownerrsquos site

62 SALES TAX VATGST 621 Sales Tax as applicable at the time of delivery within scheduled delivery period will be

payable by BPCL Vendor shall give details of local sales tax and or central sales tax currently applicable in their offer The rates applicable for ldquoCST without form Crdquo ldquoCST with form C and ldquoVATrdquo shall be clearly indicated

622 Input VAT Credit may be claimed by BPCL wherever applicable Vendor shall submit the

TAX invoice 63 SERVICE TAX All vendors shall have service tax registration wherever applicable BPCL

may also claim CENVAT Credit on service tax The vendor should quote service tax separately if applicable Vendor shall submit the TAX invoice Vendor is required to furnish serially numbered and signed invoice bill challan containing the following details

Name address and registration number of the service provider Name and address of person receiving taxable service Description classification and value of taxable service provided Service Tax Payable

18 | P a g e

64 FREIGHT AND OCTROI 641 Freight Firm freight charges to be quoted as indicated in the Tender documents Freight

shall be payable after receipt of the Material(s) at the site unless otherwise specified 642 Octroi and entry taxes if any shall be invoiced separately and shall be re-imbursed by BPCL

at actuals after receipt of the Material(s) at the Site against the submission of original documentary evidence for proof of payment of the related octroi and entry taxes as the case may be

65 NEW STATUTORY LEVIES All new statutory levies leviable on sale of finished goods to

owner if applicable are payable extra by BPCL against documentary proof within the contractual delivery period

66 VARIATION IN TAXES DUTIES Any increasedecrease in all the above mentioned

statutory levies on the date of delivery during the scheduled delivery period on finished materials will be on BPCLs account Any upward variation in statutory levies after contractual delivery date shall be to vendorrsquos account

67 INCOME TAX (WITHHOLDING TAX) In the case of availment of services from Non Resident

Vendors who are claiming benefits offered under the Double Taxation Avoidance Agreements signed by India with the Government of the other country (ie the country of the Vendor) such Non Resident Vendors are required to provide the Tax Residency Certificates at the time of submission of Bid documents The Tax Residency Certificates shall contain the following details

a) Name of Vendor (assessee) b) Status (Individual Company firm etc) of assessee c) Nationality (in case of individual) d) Country or specified territory of incorporation or registration (in case of others) e) Assessee lsquos tax identification number in the country or specified territory of residence

or in case no such number then a unique number on the basis of which the person is identified by the Government of the country or the specified territory

f) Residential status for the purpose of tax g) Period for which the certificate is applicable and h) Address of the applicant for the period for which the certificate is applicable

The Tax Residency Certificate shall be duly verified by the Government of the Country or the specified territory of the assessee of which the assessee claims to be a resident for the purposes of tax

7 INSPECTION 71 Materials shall be inspected by BPCL approved third party inspection agency if applicable

before dispatch of materials However arranging and providing inspection facilities is entirely vendorrsquos responsibility and in no way shall affect the delivery schedule

72 Scope of Inspection shall be as per RFQ Materials shall be inspected as per scope of

inspection by TPIAs which are registered under ldquoNABCB accredited bodies as per

19 | P a g e

requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of Goods The link is a below

httpnabcbqciorginaccreditationreg_bod_inspection_bodiesphp 73 Unless otherwise specified the inspection shall be carried out as per the relevant

standards scope of inspection provided alongwith the Tender EnquiryPurchase Order 74 BPCL may at its own expense have its representative(s) witness any test or inspection In

order to enable BPCLrsquos representative(s) to witness the tests inspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections

75 Even if the inspection and tests are fully carried out the Vendor shall not be absolved from

its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendorrsquos responsibility shall also not be anywise reduced or discharged because BPCL or BPCLrsquos representative(s) or Inspector(s) shall have examined commented on the Vendorrsquos drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s)

76 Although material approved by the Inspector(s) if on testing and inspection after receipt

of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

8 SHIPPING 81 SEA SHIPMENT All shipment of materials shall be made by first class direct vessels

through the chartering wing Ministry of Surface Transport as per procedure detailed hereunder The Foreign Supplier shall arrange with Vessels Owners or Forwarding Agents for proper storage of the entire Cargo intended for the project in a specific manner so as to faciliate and to avoid any over carriage at the port of discharge All shipment shall be under deck unless carriage on deck is unavoidable

The bills of lading should be made out in favour of `Bharat Petroleum Corporation Limited

or order

All columns in the body of the Bill of Lading namely marks and nos material description weight particulars etc should be uniform and accurate and such statements should be uniform in all the shipping documents The freight particulars should mention the basis of freight tonnage heavy lift charges if any surcharge discount etc clearly and separately The net total freight payable shall be shown at the bottom

SHIPPING DOCUMENTS All documents viz Bill of Lading invoices packing list freight

memos country of origin certificates test certificate drawings and catalogues should be in English language

20 | P a g e

In addition of the bill of lading which should be obtained in three stamped original plus as

many copies as required invoices packing list freight memos (if the freight particulars are not shown in the bills of lading) country of origin certificate test composition certificate shall be made out against each shipment in as many number of copies as shown below

The bill of lading invoice and packing list specifically shall show uniformly the mark and

numbers contents case wise country of origin consignees name port of destination and all other particulars as indicated under clause 2 The invoice shall show the unit rates and net total FOB prices Items packed separately should also be invoiced and the value shown accordingly Packing list must show apart from other particulars actual contents in each case net and gross weights and dimensions and the total number of packages All documents should be duly signed by the Vendorrsquos authorised representatives

In the case of FOB orders shipping arrangements shall be made by the Chartering Wing of

the Ministry of Surface Transport New Delhi through their respective forwarding agents The names and addresses of forwarding agents shall be as per Special Purchase Conditions Supplier shall furnish to the respective agents the full details of consignments such as outside dimension weights (both gross and net) No of packages technical description and drawings name of supplier ports of loading etc 6-weeks notice shall be given by the supplier to enable the concerned agency to arrange shipping space

The bill of lading shall indicate the following Shipper Government of India Consignee Bharat Petroleum Corporation Limited In case of supplies from USA Export Licences if any required from the American

Authorities shall be obtained by the US Suppliers If need be assistance for obtaining such export licences would be available from India Supply Mission at Washington

82 AIRSHIPMENT In case of Airshipment the materials shall be shipped through freight

consolidator (approved by us) The airway bill shall be made out in favour of BHARAT PETROLEUM CORPORATION LIMITED

TRANSMISSION OF SHIPPING DOCUMENTS Foreign Supplier shall obtain the shipping

documents in seven complete sets including three original stamped copies of the Bill of Lading as quickly as possible after the shipment is made and airmail as shown below so that they are received at least three weeks before the Vessels arrival Foreign Supplier shall be fully responsible or any delay and or demurrage in clearance of the consignment at the port due to delay in transmittal of the shipping documents

If in terms of letter or otherwise the complete original set of documents are required to

be sent to BPCL through Bank the distribution indicated below will confine to copies of documents only minus originals

Documents BPCL (Mumbai) Bill of Lading 4 (including 1 original) Invoice 4

21 | P a g e

Packing List 4 Freight Memo 4 Country of Origin Certificate 4 Third party inspection certificate 4 Drawing 4 Catalogue 4 Invoice of Third Party 4 for inspection charges whenever applicable

9 INDIAN AGENT COMMISSION

Any offer through Indian agents will be considered only after authorization mentioning them as Indian agents is received from Vendor Indian agents commission if applicable will be payable only in Indian currency Indian agents should be registered with Directorate General of Supplies and Disposals Government of India and agency commission will be payable only after registration with DGSampD New Delhi

10 ORDER AWARD EVALUATION CRITERIA

Unless otherwise specified Order award criteria will be on lowest quote landed price basis Landed price will be summation of Basic Price Packing amp Forwarding Charges Excise Duty Sales Tax Freight Inspection Octroi Supervision of Installation amp Commissioning and other taxes amp levies loading etc if any reduced by cenvatvat credit as applicable

11 CONFIRMATION OF ORDER

The vendor shall acknowledge the receipt of the purchase order within 10 days of mailing the same The vendor shall sign stamp the acknowledgement copy of the purchase order and return the same to BPCL

12 PAYMENT TERMS 121 Unless otherwise specified 100 payment shall be made within 30 days from date of

receipt and acceptance of materials at Site against submission of Peformance Bank Guarantee (PBG) for 10 of basic order value if PBG is applicable for the tender

122 In the case of imports payment will be made on submission of original documents directly

to Owner (Telegraphic Transfer-TT) or through Bank (Cash against documents-CAD) or through Irrevocable Letter of Credit

123 Unless otherwise mentioned the specified documents (All documents listed below (one

original and two copies) should be submitted to originator of PO (the name and contact details of whom are given in PO) and payments for despatches will be made by the originator of Purchase Order a) Invoice b) Excise invoice c) The Lorry Receipt of the consignment d) Packing list for the consignment e) Third Party Inspectorrsquos Certificate covering the invoiced Material(s) Release Note

wherever applicable f) Manufacturers TestComposition Certificate wherever applicable g) Drawing(s)Catalogue(s) covering the Material(s) wherever applicable h) GuaranteeWarranty Certificate(s) wherever applicable i) Original Receipt for Octroiother statutory levies as applicable

22 | P a g e

j) Performance Bank Guarantee as applicable 13 GUARANTEE WARRANTY 131 Materials shall be guaranteed against manufacturing defects materials workmanship

and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier Warranty for replacement of material accessories should be provided free of charges at our premises The above guaranteewarranty will be without prejudice to the certificate of inspection or material receipt note issued by us in respect of the materials In case the defect arises within the abovementioned Defect Liability Period (DLP) and the same is repairedreplaced the DLP for the repairedreplaced jobitem will be extended suitably so as to cover the original DLP However in no case such extension will exceed 24 months from date of start of initial DLP

132 All the materials including components and sub contracted items should be guaranteed by

the vendor within the warranty period mentioned above In the event of any defect in the material the vendor will replace repair the material at BPCLrsquos concerned location at vendorrsquos risk and cost on due notice

133 In case vendor does not replace repair the material on due notice rejected material will

be sent to the vendor on ldquoFreight to payrdquo basis for free replacement Material after rectification of defects shall be dispatched by the vendor on ldquoFreight Paidrdquo basis Alternatively BPCL reserves the right to have the material repaired replaced at the locations concerned at the vendorrsquos risk cost and responsibility

134 The Vendor shall provide similar warrantee on the parts components fittings accessories

etc so repaired and or replaced 14 PERFORMANCE BANK GUARANTEES 141 Vendor will have to provide Performance Bank Guarantee for 10 of the basic value of

purchase order unless otherwise specified This bank guarantee shall be valid (shall remain in force) for guarantee period (as mentioned in the guarantee clause) with an invocation period of six months thereafter In the case of Indigenous vendors the Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100) PBG format is as per Annexure-I

In case PBG is not provided by the Vendor 10 of the basic value shall be retained in lieu of PBG till the expiry of guarantee and claim period

In the case of imports the Supplier shall furnish the Performance Bank Guarantee (as per Annexure-I) through the following

(a) Branches of Indian scheduled banks operating in their Country (b) Foreign bank operating in their Country which is counter guaranteed by branches of

Indian scheduled banks operating in their Country India (c) Indian branches of foreign banks (d) Foreign bank operating in their Country counter guaranteed by their Indian branch

23 | P a g e

However in respect of (c) and (d) above the Indian branch of foreign banks should be recognized as scheduled bank by Reserve Bank of India

142 If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG (ie

PBG issued against every purchase call off order) then the validity of PBG will be calculated as mentioned below

1421 Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate Contract

Period (validity of Rate Contract) + Contractual Delivery Period of material + Contractual Guarantee period + 6 month (for invocation Claim)

143 You may use following Bank details for SFMS PBG

Name of Bank State Bank of India Branch CAG Branch Mumbai Account No 11083980831 IFSC Code SBIN0009995

15 PACKING amp MARKING 151 PACKING 1511 Packing shall withstand the hazards normally encountered with the means of transport for

the goods of this purchase order including loading and unloading operation both by crane and by pushing off

In the case of imports all equipments materials shall be suitably packed in weather proof

seaworthy packing for ocean transport under tropical conditions and for rail or road or other appropriate transport in India The packing shall be strong and efficient enough to ensure safe preservance upto the final point of destination

RawSolid wood packaging material of imported items has to be appropriately treated amp

marked as per International Standard of Phytosanitary Measures (ISPM-15) for material originating from the contracting countries to the International Plant Protection Convention or the members of Food amp Agriculture Organization Material from non-contracting parties would have to be accompanied by a phytosanitary certificate of the treatment endorsed The Custom Officer at Indian Port shall not release the material without appropriate compliance of the above provisions wef 01112004

1512 The packing specification incorporated herein are supplementary to the internal and

external packing methods and standards as per current general rules of JRA Good Tariff Part-I All packaging shall be done in such a manner as to reduce volume as much as possible

1513 Fragile articles should be packed with special packing materials depending on the type of

Materials and the packing shall bear the words HANDLE WITH CARE GLASS FRAGILE DONT ROLL THIS END UP THIS END DOWN to be indicated by arrow

1514 Chemicals in powder form catalyst refractories and like materials etc shall be packed in

drums cans and tins only However Catalyst may be supplied in Jumbo bags

24 | P a g e

1515 The hazardous materials shall be packed in accordance with the applicable rules regulations and tariff of all cognizant Government Authorities and other Governing bodies It shall be the responsibility of the seller of hazardous materials to designate the material as hazardous and to identify each material by its proper commodity name and its hazardous material class code

1516 All packages requiring handling by crane should have sufficient space at appropriate place

to put sling of suitable dia (strength) IronSteel angle should be provided at the place where sling marking are made to avoid damage to package equipment while lifting

1517 Item shipped in bundles must be securely tied with steel wire or strapping Steel reinforcing

rods bars pipes structural members etc shall be bundled in uniform lengths and the weight shall be within the breaking strength of the securing wire or strapping

In the case of imports for bundles the shipping marks shall be embossed on metal or

similar tag and wired securely on each end 1518 All delicate surfaces on equipment materials should be carefully protected and printed

with protective paintcompound and wrapped to prevent rusting and damage 1519 All mechanical and electrical equipment and other heavy articles shall be securely fastened

to the case bottom and shall be blocked and braced to avoid any displacement shifting during transit

15110 Attachments and spare parts of equipment and all small pieces shall be packed separately

in wooden cases with adequate protection inside the case and wherever possible should be sent along with the main equipment Each item shall be suitably tagged with identification of main equipment item denomination and reference number of respective assembly drawing Each item of steel structure and furnaces shall be identified with two erection markings with minimum lettering height of 15mm Such markings will be followed by the collection numbers in indelible inkpaint A copy of the packing list shall accompany the materials in each package

15111 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted

wooden disc on the flanges All nozzles holes and openings and also all delicate surfaces shall be carefully protected against damage and bad weather All manufactured surfaces shall be painted with rust proof paint

In the case of imports for bulk uniform material when packed in several cases progressive

serial numbers shall be indicated on each case 15112 Wherever required equipment materials instruments shall be enveloped in polythene

bags containing silicagel or similar dehydrating compound

15113 Pipes shall be packed as under (a) Upto 50mm NB in wooden cases crates (b) Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimum

three places (c) Above 100mm NB in loose

25 | P a g e

15114 Pipes and tubes of stainless steel copper etc shall be packed in wooden cases irrespective of their sizes

15115 Pipes with threaded or flanged ends shall be protected with suitable caps covers before

packing In the case of imports all pipes and sheets shall be marked with strips bearing progressive no

15116 Detailed packing list in waterproof envelope shall be inserted in the package together with

equipmentmaterials One copy of the detailed packing list shall be fastened outside of the package in waterproof envelope and covered by metal cover

15117 The supplier shall be held liable for all damages or breakages to the goods due to the

defective or insufficient packing as well as for corrosion due to insufficient protection 15118 Packaged equipment or materials showing damage defects or shortages resulting from

improper packaging materials or packing procedures or having concealed damages or shortages at the time of unpacking shall be to the supplierrsquos account

All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearly indicated and marked ldquoATTENTION SPECIAL LOAD HANDLE WITH CARErdquo both in English Hindi Languages

In the case of imports a distinct colour splash in say red black around each package crate

bundle shall be given for identification 15119 Along with the packed material supplier should attach material list manualsinstructions

and also the Inspection certificate release note wherever applicable 152 MARKING The following details to be written on the side face of packing

a) Purchase Order Number b) Vendor Name c) Batch no with manufacturing date d) Procedure (in brief) for handling e) Date of dispatch etc

153 IMPORTED ITEMS On three sides of the packages the following marks shall appear clearly

visible with indelible paint and on Vendors care and expenses

BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions) From To Bharat Petroleum Corporation Limited (With detailed address as given in Special Purchase Conditions) Order No Rev No Item Equipment Nomenclature Net weight Kgs

26 | P a g e

Gross weight Kgs Case No of Total cases Dimensions Import License No NOTE Marking shall be bold - minimum letter height 5 cm For every order and every shipment packages must be marked with serial progressive numbering Top heavy containers shall be so marked either Top Heavy or Heavy Ends When packing material is clean and light coloured a dark black stencil paint shall be acceptable However where packaging material is soiled or dark a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings In case of large equipments like vessels heat exchangers etc the envelope containing the documents shall be fastened inside a shell connection with an identifying arrow sign documents using indelible paint

16 DELIVERY 161 Unless otherwise mentioned Vendor is requested to quote their best delivery schedule

from the date of receipt of Purchase order 162 Time being the essence of this contract the delivery mentioned in the purchase order shall

be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner Goods should be delivered securely packed and in good order and condition at the place of delivery and within the time specified in the purchase order for their delivery

163 The contractual delivery period is inclusive of all the lead time for engineering

procurement of raw material the manufacturing inspection testing packing transportation or any other activity whatsoever required to be accomplished for affecting the delivery at the required delivery point

164 Unless otherwise specified Material(s) shall not be despatched without prior inspection

andor testing and Release OrderMaterial(s) Acceptance Certificate issued by the Inspector(s)

165 BPCL shall have the right to advise any change in despatch point or destination in respect

of any Material(s) Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence will be reimbursed to the Vendor by BPCL

17 UNLOADING AND STACKING

Unloading and stacking will be arranged by BPCL The Vendor shall send BPCL information of the proposed consignment well in advance by telegramfaxe-mailcourier to enable BPCL to take necessary action

18 TRANSIT INSURANCE

27 | P a g e

Unless otherwise mentioned 181 Transit Insurance shall be in the vendorrsquos scope in the case of inland transportation of

goods 182 In the case of imports insurance against all marine and transit risk shall be covered under

the Owners marine policy However the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carriers responsibility is fully retained on the Carriers so that the consignees interests are fully secured and are in no way jeopardized

182 The Vendor shall send BPCL information of the proposed consignment well in advance by

faxe-mailcourier to enable BPCL to take necessary action for the transit insurance of the consignment Any failure by the Vendor to do so shall place the consignment at the Vendorrsquos risk

183 In the case of imports as soon as any shipment is made the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Limited (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments vessels name port of shipment bill of lading number and date total FOB and freight value

19 VALIDITY OF OFFER

The rates quoted against this tender shall be valid for a period of 180 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions

20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 201 The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered

to on the clear understanding that the Price(s) of the Material(s) hashave been fixed with reference to the said Delivery date(s)

202 If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them

beyond the stipulated date(s) of Delivery the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay and shall promptly keep BPCL informed of all subsequent developments

203 The delivery period quoted must be realistic amp specific The inability of successful Vendors

to execute orders in accordance with the agreed delivery schedule will entitle BPCL at its options to

2031 Accept delayed delivery at prices reduced by a sum equivalent to half percent (05) of the

basic value of any goods not delivered for every week of delay or part thereof limited to a maximum of 5 of the total basic order value LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract Date of receipt of materials at ownerrsquos premises shall be considered for calculation of price reduction for FOR destination contract

In the case of imports the contractual delivery date shall be considered from the date of Letter of Credit (LC) or the date of LC amendment because of Buyerrsquos fault plus one week

28 | P a g e

(to take care of transit time for receipt of LC) plus the delivery schedule as indicated by the vendors

In case of the shipment taking place on ldquoCash against documentsrdquo the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period

Further the date of BL or House airway bill shall be considered to find out the delay with respect to contractual delivery date In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any So vendor shall inform the readiness of material for shipment on FOB (Free on Board) basis FCA (Free on Carrier) basis

2032 Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor without prejudice to its right under 2031 above in respect of goods delivered

21 RISK PURCHASE CLAUSE

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms amp conditions of the order BPCL also reserves the right to procure the same or similar materialsequipment through other sources at vendors entire risk cost and consequences Further the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement

22 FORCE MAJEURE Circumstances leading to force majeure (a) Act of terrorism

(b) Riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection of military or usurped power (c) Ionising radiation or contamination radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component

(d) epidemics earthquakes flood fire hurricanes typhoons or other physical natural disaster but excluding weather conditions regardless of severity and

(e) freight embargoes strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract For the avoidance of doubt inclement weather third party breach delay in supply of materials (other than due to a nationwide transportersrsquo strike) or commercial hardship shall not constitute a Force Majeure event bull Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

11 | P a g e

submission of documentary proof BPCL shall not be liable in case the tax authorities assess the tax elements in a different way on account of any reason whatsoever Taxes and duties other than those specified in this document if any shall be included in the quoted prices and no reimbursement shall be made by BPCL Ownerrsquos liability with respect to taxes and duties will be restricted to the Tax as quoted by the bidder Any new or additional taxes or duties levied by statutory authorities during contract shall be borne by the bidder

57 ISSUE OF CONTRACT PURCHASE ORDER After the successful Bidder has been notified that his bid has been accepted the Owner will send to such Bidder a detailed contractPurchase Orders incorporating all the terms and conditions agreed between the parties Within 7 days of receipt of the detailed contract Purchase Order the Bidder shall sign and return to the Owner the duplicate copy of the contractorder as a token of their Acknowledgement The contract will be issued by CPO (M) dept amp call-off orderspurchase orders by EampP dept of BPCL

58 Grievance Redressal Mechanism Bharat Petroleum Corporation Limited (BPCL) has developed the Grievance Redressal Mechanism to deal with references grievances if any that is received from bidders who participated intends to participate in the Corporation tender The details of the same are available on our website wwwbharatpetroleumin

59 It shall be understood that every endeavour has been made to avoid errors which can materially affect the basis of the tender and the successful vendor shall take upon himself and provide for risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof

60 In case a Start-up is interested in supplying a tendered item but does not meet the Pre-

Qualification Criteria(PQC)Proven Track Record (PTR) of prior Turnover norm as indicated in the tender document the Start-up may be requested to write a detailed proposal separately and not against the present tender requirement to the tender issuing authority about its product Such proposal should be accompanied by relevant documents in support of Start-ups as under

I Certificate of Recognition issued by Department of Industrial Policy and Promotion (DIPP) Ministry of Commerce and Industry GOI

II Certificate of Incorporation Registration III Audited PampL Statement of all the financial years since incorporation IV In case where balance sheet has not been prepared bidder shall submit a certificate

in Original from its CEOCFO stating the turnover of the bidding entity separately for each Financial Year Since incorporation along with declaration stating the reason for not furnishing the audited PampL statement The Certificate shall be endorsed by Chartered Accountant Statutory Auditor

61 By submitting the bid the bidder undertakes as under

Iwe hereby undertake that the statements made hereininformation given in the bids through e-tendering systemannexuresformsuploaded documents referred are true in all respects and that in the event of any such statement or information being found to be incorrect in any particular the same may be construed to be a misrepresentation entitling BPCL to avoid any resultant contract Iwe further undertake as and when called upon by BPCL to produce for its inspection original(s) of the document(s) of which copies have been annexed hereto

12 | P a g e

62 For any clarification on e-tendering training uploading of document on e-procurement site please contact our service provider Ms E-procurement Technology Ltd on below numbers Phone 02224176419 E-mailsupportbpcleprocinmumbaisupporteptlin HELP DESK NOS 91-79-40016848 40016818

63 For any queries clarifications on tender technical specifications commercial points and

other terms and conditions of the tender please contact as under- Mr Seema Khadase Asst Manager Procurement CPO (MKTG) CONTACT NO 91-22-24176405 8879222134 (M) EMAIL seemakhadasebharatpetroleumin

64 In case you are not satisfied with the clarification of doubts you may escalate the query

To MrAjoy Sarkar Procurement Leader CPO (MKTG) CONTACT NO 91-22-24176412 9819971906 (M) EMAIL sarkarabharatpetroleumin

65 Office Address CPO-MKTG Bharat Petroleum Corp Ltd lsquoArsquo Installation Sewree Fort Road

Sewree-East Mumbai-400015 66 Contact details of Independent External Monitors (IEM) for Complaints and Disputes

regarding the tender only

Shri Vikram Srivastava Shri Virendra Bahadur Singh Shri Anupam Kulshreshtha

ADDRESS ADDRESS ADDRESS

E-202 Second Floor Greater Kailash Part 2 New Delhi - 110048

HNo B-564 Vineet Khand Gomati Nagar Lucknow - 226010

B-33 lsquoYarrows Apartmentsrsquo

Plot C-585 Sector 62

Noida UP -201309

vikramsrivastava1973gmailcom vbsinghipsgmailcom Anupam8gmailcom

Mob No 09810642323 Mob No 8853760730 Mob No 9968281160

Thanking you Yours faithfully for Bharat Petroleum Corporation Ltd Ajoy Sarkar Procurement Leader

13 | P a g e

General Instructions to bidders for e-tendering

1 Interested parties may download the tender from BPCL website (httpwwwBharatpetroleumin) or the CPP portal (httpeprocuregovin) or from the e-tendering website (httpsbpcleprocin) and participate in the tender as per the instructions given therein on or before the due date of the tender The tender available on the BPCL website and the CPP portal can be downloaded for reading purpose only For participation in the tender please fill up the tender online on the e-tender system available on httpsbpcleprocin 2 For registration on the e-tender site httpsbpcleprocin you can be guided by the ldquoInstructions to Vendorsrdquo available under the download section of the homepage of the website As the first step bidder shall have to click the ldquoRegisterrdquo link and fill in the requisite information in the ldquoBidder Registration Formrdquo Kindly remember your e-mail id (which will also act as the login ID) and the password entered therein Once you complete this process correctly you shall get a system generated mail Login in to the portal using your credentials When you log in for the first time system will ask you to add your Digital Signature Once you have added the Digital Signature please inform us by mail to the vendor administrator vendoradminbpcleprocin with a copy to supportbpcleprocin for approval Once approved bidders can login in to the system as and when required 3 As a pre-requisite for participation in the tender vendors are required to obtain a valid Digital Certificate of Class IIB and above (having both signing and encryption certificates) as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCIA) Controller of Certifying Authorities (CCA) The cost of obtaining the digital certificate shall be borne by the vendor In case any vendor so desires he may contact our e-procurement service provider Ms E-Procurement Technologies Ltd Ahmedabad (Contact no Tel +91 79 4001 6868 for obtaining the digital signature certificate 4 Corrigendumamendment if any shall be notified on the site httpsbpcleprocin In case any corrigendumamendment is issued after the submission of the bid then such vendors who have submitted their bids shall be intimated about the corrigendumamendment by a system-generated email It shall be assumed that the information contained therein has been taken into account by the vendor They have the choice of making changes in their bid before the due date and time 5 Price bid of only those vendors shall be opened whose Techno-Commercial bid is found to be acceptable to us The schedule for opening the price bid shall be advised separately 6 Directions for submitting online offers electronically against e-procurement tenders directly through internet (i) Vendors are advised to log on to the website (httpsbpcleprocin) and arrange to register themselves at the earliest if not done earlier (ii) The system time (IST) that will be displayed on e-Procurement web page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance (iii) Vendors are advised in their own interest to ensure that their bids are submitted in e-Procurement system well before the closing date and time of bid If the vendor intends to changerevise the bid already submitted they shall have to withdraw their bid already submitted change revise the bid and submit once again In case vendor is not able to complete

14 | P a g e

the submission of the changedrevised bid within due date amp time the system would consider it as no bid has been received from the vendor against the tender and consequently the vendor will be out of contention The process of change revise may do so any number of times till the due date and time of submission deadline However no bid can be modified after the deadline for submission of bids (iv) Once the entire process of submission of online bid is complete they will get an auto mail from the system stating you have successfully submitted your bid in the following tender with tender details (v) Bids Offers shall not be permitted in e-procurement system after the due date time of tender Hence no bid can be submitted after the due date and time of submission has elapsed (vi) No manual bidsoffers along with electronic bidsoffers shall be permitted 7 For tenders whose estimated procurement value is more than Rs 10 lakhs vendors can see the rates quoted by all the participating bidders once the price bids are opened For this purpose vendors shall have to log in to the portal under their user ID and password click on the ldquodash boardrdquo link against that tender and choose the ldquoResultsrdquo tab 8 No responsibility will be taken by BPCL andor the e-procurement service provider for any delay due to connectivity and availability of website They shall not have any liability to vendors for any interruption or delay in access to the site irrespective of the cause It is advisable that vendors who are not well conversant with e-tendering procedures start filling up the tenders much before the due date time so that there is sufficient time available with himher to acquaint with all the steps and seek help if they so require Even for those who are conversant with this type of e-tendering it is suggested to complete all the activities ahead of time It should be noted that the individual bid becomes viewable only after the opening of the bid onafter the due date and time Please be reassured that your bid will be viewable only to you and nobody else till the due date time of the tender opening The non-availability of viewing before due date and time is true for e-tendering service provider as well as BPCL officials 9 BPCL andor the e-procurement service provider shall not be responsible for any direct or indirect loss or damages and or consequential damages arising out of the bidding process including but not limited to systems problems inability to use the system loss of electronic information etc In case of any clarification pertaining to e-procurement process and system related issues the vendor may contact Ms E-Procurement Technologies Ltd at contact no Tel +91 79 40270573 followed with an e-mail to id supportbpcleprocin

15 | P a g e

General Purchase Conditions The following conditions shall be applicable for all procurement unless specifically mentioned in the Special Purchase Conditions I N D E X 1 DEFINITIONS 2 REFERENCE FOR DOCUMENTATION 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER 4 LANGUAGE OF BID 5 PRICE 6 TAXES AND DUTIES 7 INSPECTION 8 SHIPPING 9 INDIAN AGENT COMMISSION 10 ORDER AWARD EVALUATION CRITERIA 11 CONFIRMATION OF ORDER 12 PAYMENT TERMS 13 GUARANTEEWARRANTY 14 PERFORMANCE BANK GUARANTEE 15 PACKING amp MARKING 16 DELIVERY 17 UNLOADING AND STACKING 18 TRANSIT INSURANCE 19 VALIDITY OF OFFER 20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 21 RISK PURCHASE CLAUSE 22 FORCE MAJEURE CLAUSE 23 ARBITRATION CLAUSE 24 INTEGRITY PACT (IP) 25 RECOVERY OF SUMS DUE 26 CONFIDENTIALITY OF TECHNICAL INFORMATION 27 PATENTS amp ROYALTIES 28 LIABILITY CLAUSE 29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT 30 COMPLIANCE OF REGULATIONS 31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT 32 NON-WAIVER 33 NEW amp UNUSED MATERIAL 34 PURCHASE PREFERENCE CLAUSE 35 CANCELLATION 36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION 37 ASSIGNMENT 38 GOVERNING LAW 39 AMENDMENT 40 NOTICES 41 POLICY ON HOLIDAY LISTING 42 ORDER OF PRECEDENCE FOR PURCHASES 43 TERMINATION FOR CONVENIENCE

16 | P a g e

GENERAL PURCHASE CONDITIONS 1 DEFINITIONS

The following expressions used in these terms and conditions and in the purchase order shall have the meaning indicated against each of these

11 OWNER Owner means Bharat Petroleum Corporation Limited (a Government of India

enterprise) a Company incorporated in India having its registered office at Bharat Bhavan 4 amp 6 Currimbhoy Road Ballard Estate Mumbai 400038 and shall include its successors and assigns (hereafter called BPCL as a short form)

12 VENDOR Vendor means the person firm or the Company Corporation to whom this

Request for quotation (RFQ)purchase order is issued and shall include its successors and assigns

13 INSPECTOR Person agency deputed by BPCL for carrying out inspection checkingtesting

of items ordered and for certifying the items conforming to the purchase order specifications

14 GOODS MATERIALS means any of the articles materials machinery equipments

supplies drawing data and other property and all services including but not limited to design delivery installation inspection testing and commissioning specified or required to complete the order

15 SITE LOCATION means any Site where BHARAT PETROLEUM CORPORATION LIMITED

desires to receive materials any where in India as mentioned in RFQ 16 ldquoRATE CONTRACTrdquo means the agreement for supply of goods materials between Owner

and Vendor for a fixed period of time (ie till validity of Rate Contract with no commitment of contractual quantity) on mutually agreed terms and conditions The actual supply of goods materials shall take place only on issue of separate purchase orders for required quantity as and when required by Owner

17 ldquoFIRM PROCUREMENTrdquo means the agreement between the parties for mutually agreed

terms and conditions with commitment of Quantity Ordered 2 REFERENCE FOR DOCUMENTATION 21 The number and date of Collective Request for Quotation (CRFQ) must appear on all

correspondence before finalization of Rate Contract Purchase Order 22 After finalization of Contract Purchase Order The number and date of Rate Contract

Purchase Order must appear on all correspondence drawings invoices dispatch advices (including shipping documents if applicable) packing list and on any documents or papers connected with this order

23 In the case of imports the relevant particulars of the import Licence shall be duly indicated in

the invoice and shipping documents as well as on the packages or consignments 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER

17 | P a g e

The right to accept the tender will rest with the Owner 4 LANGUAGE

The Bid and all supporting documentation and all correspondence whatsoever exchanged by Vendor and Owner shall be in English language only

5 PRICE

Unless otherwise agreed to the terms of the RFQ price shall be Firm and no escalation will be entertained on any ground except on the ground of statutory levies applicable on the tendered items

6 TAXES AND DUTIES All vendors shall have VAT CSTGSTService tax registration in the concerned State and vendor shall quote their TIN number in the quotation

61 EXCISE DUTY 611 Excise duty extra as applicable at the time of delivery within scheduled delivery period will

be payable by BPCL against documentary evidence Vendor shall mention in their offer the percentage of excise duty applicable at present Any upward variation in excise duty rates beyond the contractual delivery period shall be to vendorrsquos account

612 In case Excise Duty is not applicable at present Excise duty due to change in turn over is

not payable If applicable in future the same will be borne by vendor 613 Owner shall take CENVAT Credit on the material supplied for both excise duty and cess

component and accordingly Excise duty Cess should be quoted separately wherever applicable

Vendor shall ask the transporter of the goods to hand over the copy of excise invoice (transporterrsquos copy) at the time of delivery of goods at ownerrsquos site

62 SALES TAX VATGST 621 Sales Tax as applicable at the time of delivery within scheduled delivery period will be

payable by BPCL Vendor shall give details of local sales tax and or central sales tax currently applicable in their offer The rates applicable for ldquoCST without form Crdquo ldquoCST with form C and ldquoVATrdquo shall be clearly indicated

622 Input VAT Credit may be claimed by BPCL wherever applicable Vendor shall submit the

TAX invoice 63 SERVICE TAX All vendors shall have service tax registration wherever applicable BPCL

may also claim CENVAT Credit on service tax The vendor should quote service tax separately if applicable Vendor shall submit the TAX invoice Vendor is required to furnish serially numbered and signed invoice bill challan containing the following details

Name address and registration number of the service provider Name and address of person receiving taxable service Description classification and value of taxable service provided Service Tax Payable

18 | P a g e

64 FREIGHT AND OCTROI 641 Freight Firm freight charges to be quoted as indicated in the Tender documents Freight

shall be payable after receipt of the Material(s) at the site unless otherwise specified 642 Octroi and entry taxes if any shall be invoiced separately and shall be re-imbursed by BPCL

at actuals after receipt of the Material(s) at the Site against the submission of original documentary evidence for proof of payment of the related octroi and entry taxes as the case may be

65 NEW STATUTORY LEVIES All new statutory levies leviable on sale of finished goods to

owner if applicable are payable extra by BPCL against documentary proof within the contractual delivery period

66 VARIATION IN TAXES DUTIES Any increasedecrease in all the above mentioned

statutory levies on the date of delivery during the scheduled delivery period on finished materials will be on BPCLs account Any upward variation in statutory levies after contractual delivery date shall be to vendorrsquos account

67 INCOME TAX (WITHHOLDING TAX) In the case of availment of services from Non Resident

Vendors who are claiming benefits offered under the Double Taxation Avoidance Agreements signed by India with the Government of the other country (ie the country of the Vendor) such Non Resident Vendors are required to provide the Tax Residency Certificates at the time of submission of Bid documents The Tax Residency Certificates shall contain the following details

a) Name of Vendor (assessee) b) Status (Individual Company firm etc) of assessee c) Nationality (in case of individual) d) Country or specified territory of incorporation or registration (in case of others) e) Assessee lsquos tax identification number in the country or specified territory of residence

or in case no such number then a unique number on the basis of which the person is identified by the Government of the country or the specified territory

f) Residential status for the purpose of tax g) Period for which the certificate is applicable and h) Address of the applicant for the period for which the certificate is applicable

The Tax Residency Certificate shall be duly verified by the Government of the Country or the specified territory of the assessee of which the assessee claims to be a resident for the purposes of tax

7 INSPECTION 71 Materials shall be inspected by BPCL approved third party inspection agency if applicable

before dispatch of materials However arranging and providing inspection facilities is entirely vendorrsquos responsibility and in no way shall affect the delivery schedule

72 Scope of Inspection shall be as per RFQ Materials shall be inspected as per scope of

inspection by TPIAs which are registered under ldquoNABCB accredited bodies as per

19 | P a g e

requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of Goods The link is a below

httpnabcbqciorginaccreditationreg_bod_inspection_bodiesphp 73 Unless otherwise specified the inspection shall be carried out as per the relevant

standards scope of inspection provided alongwith the Tender EnquiryPurchase Order 74 BPCL may at its own expense have its representative(s) witness any test or inspection In

order to enable BPCLrsquos representative(s) to witness the tests inspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections

75 Even if the inspection and tests are fully carried out the Vendor shall not be absolved from

its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendorrsquos responsibility shall also not be anywise reduced or discharged because BPCL or BPCLrsquos representative(s) or Inspector(s) shall have examined commented on the Vendorrsquos drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s)

76 Although material approved by the Inspector(s) if on testing and inspection after receipt

of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

8 SHIPPING 81 SEA SHIPMENT All shipment of materials shall be made by first class direct vessels

through the chartering wing Ministry of Surface Transport as per procedure detailed hereunder The Foreign Supplier shall arrange with Vessels Owners or Forwarding Agents for proper storage of the entire Cargo intended for the project in a specific manner so as to faciliate and to avoid any over carriage at the port of discharge All shipment shall be under deck unless carriage on deck is unavoidable

The bills of lading should be made out in favour of `Bharat Petroleum Corporation Limited

or order

All columns in the body of the Bill of Lading namely marks and nos material description weight particulars etc should be uniform and accurate and such statements should be uniform in all the shipping documents The freight particulars should mention the basis of freight tonnage heavy lift charges if any surcharge discount etc clearly and separately The net total freight payable shall be shown at the bottom

SHIPPING DOCUMENTS All documents viz Bill of Lading invoices packing list freight

memos country of origin certificates test certificate drawings and catalogues should be in English language

20 | P a g e

In addition of the bill of lading which should be obtained in three stamped original plus as

many copies as required invoices packing list freight memos (if the freight particulars are not shown in the bills of lading) country of origin certificate test composition certificate shall be made out against each shipment in as many number of copies as shown below

The bill of lading invoice and packing list specifically shall show uniformly the mark and

numbers contents case wise country of origin consignees name port of destination and all other particulars as indicated under clause 2 The invoice shall show the unit rates and net total FOB prices Items packed separately should also be invoiced and the value shown accordingly Packing list must show apart from other particulars actual contents in each case net and gross weights and dimensions and the total number of packages All documents should be duly signed by the Vendorrsquos authorised representatives

In the case of FOB orders shipping arrangements shall be made by the Chartering Wing of

the Ministry of Surface Transport New Delhi through their respective forwarding agents The names and addresses of forwarding agents shall be as per Special Purchase Conditions Supplier shall furnish to the respective agents the full details of consignments such as outside dimension weights (both gross and net) No of packages technical description and drawings name of supplier ports of loading etc 6-weeks notice shall be given by the supplier to enable the concerned agency to arrange shipping space

The bill of lading shall indicate the following Shipper Government of India Consignee Bharat Petroleum Corporation Limited In case of supplies from USA Export Licences if any required from the American

Authorities shall be obtained by the US Suppliers If need be assistance for obtaining such export licences would be available from India Supply Mission at Washington

82 AIRSHIPMENT In case of Airshipment the materials shall be shipped through freight

consolidator (approved by us) The airway bill shall be made out in favour of BHARAT PETROLEUM CORPORATION LIMITED

TRANSMISSION OF SHIPPING DOCUMENTS Foreign Supplier shall obtain the shipping

documents in seven complete sets including three original stamped copies of the Bill of Lading as quickly as possible after the shipment is made and airmail as shown below so that they are received at least three weeks before the Vessels arrival Foreign Supplier shall be fully responsible or any delay and or demurrage in clearance of the consignment at the port due to delay in transmittal of the shipping documents

If in terms of letter or otherwise the complete original set of documents are required to

be sent to BPCL through Bank the distribution indicated below will confine to copies of documents only minus originals

Documents BPCL (Mumbai) Bill of Lading 4 (including 1 original) Invoice 4

21 | P a g e

Packing List 4 Freight Memo 4 Country of Origin Certificate 4 Third party inspection certificate 4 Drawing 4 Catalogue 4 Invoice of Third Party 4 for inspection charges whenever applicable

9 INDIAN AGENT COMMISSION

Any offer through Indian agents will be considered only after authorization mentioning them as Indian agents is received from Vendor Indian agents commission if applicable will be payable only in Indian currency Indian agents should be registered with Directorate General of Supplies and Disposals Government of India and agency commission will be payable only after registration with DGSampD New Delhi

10 ORDER AWARD EVALUATION CRITERIA

Unless otherwise specified Order award criteria will be on lowest quote landed price basis Landed price will be summation of Basic Price Packing amp Forwarding Charges Excise Duty Sales Tax Freight Inspection Octroi Supervision of Installation amp Commissioning and other taxes amp levies loading etc if any reduced by cenvatvat credit as applicable

11 CONFIRMATION OF ORDER

The vendor shall acknowledge the receipt of the purchase order within 10 days of mailing the same The vendor shall sign stamp the acknowledgement copy of the purchase order and return the same to BPCL

12 PAYMENT TERMS 121 Unless otherwise specified 100 payment shall be made within 30 days from date of

receipt and acceptance of materials at Site against submission of Peformance Bank Guarantee (PBG) for 10 of basic order value if PBG is applicable for the tender

122 In the case of imports payment will be made on submission of original documents directly

to Owner (Telegraphic Transfer-TT) or through Bank (Cash against documents-CAD) or through Irrevocable Letter of Credit

123 Unless otherwise mentioned the specified documents (All documents listed below (one

original and two copies) should be submitted to originator of PO (the name and contact details of whom are given in PO) and payments for despatches will be made by the originator of Purchase Order a) Invoice b) Excise invoice c) The Lorry Receipt of the consignment d) Packing list for the consignment e) Third Party Inspectorrsquos Certificate covering the invoiced Material(s) Release Note

wherever applicable f) Manufacturers TestComposition Certificate wherever applicable g) Drawing(s)Catalogue(s) covering the Material(s) wherever applicable h) GuaranteeWarranty Certificate(s) wherever applicable i) Original Receipt for Octroiother statutory levies as applicable

22 | P a g e

j) Performance Bank Guarantee as applicable 13 GUARANTEE WARRANTY 131 Materials shall be guaranteed against manufacturing defects materials workmanship

and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier Warranty for replacement of material accessories should be provided free of charges at our premises The above guaranteewarranty will be without prejudice to the certificate of inspection or material receipt note issued by us in respect of the materials In case the defect arises within the abovementioned Defect Liability Period (DLP) and the same is repairedreplaced the DLP for the repairedreplaced jobitem will be extended suitably so as to cover the original DLP However in no case such extension will exceed 24 months from date of start of initial DLP

132 All the materials including components and sub contracted items should be guaranteed by

the vendor within the warranty period mentioned above In the event of any defect in the material the vendor will replace repair the material at BPCLrsquos concerned location at vendorrsquos risk and cost on due notice

133 In case vendor does not replace repair the material on due notice rejected material will

be sent to the vendor on ldquoFreight to payrdquo basis for free replacement Material after rectification of defects shall be dispatched by the vendor on ldquoFreight Paidrdquo basis Alternatively BPCL reserves the right to have the material repaired replaced at the locations concerned at the vendorrsquos risk cost and responsibility

134 The Vendor shall provide similar warrantee on the parts components fittings accessories

etc so repaired and or replaced 14 PERFORMANCE BANK GUARANTEES 141 Vendor will have to provide Performance Bank Guarantee for 10 of the basic value of

purchase order unless otherwise specified This bank guarantee shall be valid (shall remain in force) for guarantee period (as mentioned in the guarantee clause) with an invocation period of six months thereafter In the case of Indigenous vendors the Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100) PBG format is as per Annexure-I

In case PBG is not provided by the Vendor 10 of the basic value shall be retained in lieu of PBG till the expiry of guarantee and claim period

In the case of imports the Supplier shall furnish the Performance Bank Guarantee (as per Annexure-I) through the following

(a) Branches of Indian scheduled banks operating in their Country (b) Foreign bank operating in their Country which is counter guaranteed by branches of

Indian scheduled banks operating in their Country India (c) Indian branches of foreign banks (d) Foreign bank operating in their Country counter guaranteed by their Indian branch

23 | P a g e

However in respect of (c) and (d) above the Indian branch of foreign banks should be recognized as scheduled bank by Reserve Bank of India

142 If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG (ie

PBG issued against every purchase call off order) then the validity of PBG will be calculated as mentioned below

1421 Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate Contract

Period (validity of Rate Contract) + Contractual Delivery Period of material + Contractual Guarantee period + 6 month (for invocation Claim)

143 You may use following Bank details for SFMS PBG

Name of Bank State Bank of India Branch CAG Branch Mumbai Account No 11083980831 IFSC Code SBIN0009995

15 PACKING amp MARKING 151 PACKING 1511 Packing shall withstand the hazards normally encountered with the means of transport for

the goods of this purchase order including loading and unloading operation both by crane and by pushing off

In the case of imports all equipments materials shall be suitably packed in weather proof

seaworthy packing for ocean transport under tropical conditions and for rail or road or other appropriate transport in India The packing shall be strong and efficient enough to ensure safe preservance upto the final point of destination

RawSolid wood packaging material of imported items has to be appropriately treated amp

marked as per International Standard of Phytosanitary Measures (ISPM-15) for material originating from the contracting countries to the International Plant Protection Convention or the members of Food amp Agriculture Organization Material from non-contracting parties would have to be accompanied by a phytosanitary certificate of the treatment endorsed The Custom Officer at Indian Port shall not release the material without appropriate compliance of the above provisions wef 01112004

1512 The packing specification incorporated herein are supplementary to the internal and

external packing methods and standards as per current general rules of JRA Good Tariff Part-I All packaging shall be done in such a manner as to reduce volume as much as possible

1513 Fragile articles should be packed with special packing materials depending on the type of

Materials and the packing shall bear the words HANDLE WITH CARE GLASS FRAGILE DONT ROLL THIS END UP THIS END DOWN to be indicated by arrow

1514 Chemicals in powder form catalyst refractories and like materials etc shall be packed in

drums cans and tins only However Catalyst may be supplied in Jumbo bags

24 | P a g e

1515 The hazardous materials shall be packed in accordance with the applicable rules regulations and tariff of all cognizant Government Authorities and other Governing bodies It shall be the responsibility of the seller of hazardous materials to designate the material as hazardous and to identify each material by its proper commodity name and its hazardous material class code

1516 All packages requiring handling by crane should have sufficient space at appropriate place

to put sling of suitable dia (strength) IronSteel angle should be provided at the place where sling marking are made to avoid damage to package equipment while lifting

1517 Item shipped in bundles must be securely tied with steel wire or strapping Steel reinforcing

rods bars pipes structural members etc shall be bundled in uniform lengths and the weight shall be within the breaking strength of the securing wire or strapping

In the case of imports for bundles the shipping marks shall be embossed on metal or

similar tag and wired securely on each end 1518 All delicate surfaces on equipment materials should be carefully protected and printed

with protective paintcompound and wrapped to prevent rusting and damage 1519 All mechanical and electrical equipment and other heavy articles shall be securely fastened

to the case bottom and shall be blocked and braced to avoid any displacement shifting during transit

15110 Attachments and spare parts of equipment and all small pieces shall be packed separately

in wooden cases with adequate protection inside the case and wherever possible should be sent along with the main equipment Each item shall be suitably tagged with identification of main equipment item denomination and reference number of respective assembly drawing Each item of steel structure and furnaces shall be identified with two erection markings with minimum lettering height of 15mm Such markings will be followed by the collection numbers in indelible inkpaint A copy of the packing list shall accompany the materials in each package

15111 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted

wooden disc on the flanges All nozzles holes and openings and also all delicate surfaces shall be carefully protected against damage and bad weather All manufactured surfaces shall be painted with rust proof paint

In the case of imports for bulk uniform material when packed in several cases progressive

serial numbers shall be indicated on each case 15112 Wherever required equipment materials instruments shall be enveloped in polythene

bags containing silicagel or similar dehydrating compound

15113 Pipes shall be packed as under (a) Upto 50mm NB in wooden cases crates (b) Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimum

three places (c) Above 100mm NB in loose

25 | P a g e

15114 Pipes and tubes of stainless steel copper etc shall be packed in wooden cases irrespective of their sizes

15115 Pipes with threaded or flanged ends shall be protected with suitable caps covers before

packing In the case of imports all pipes and sheets shall be marked with strips bearing progressive no

15116 Detailed packing list in waterproof envelope shall be inserted in the package together with

equipmentmaterials One copy of the detailed packing list shall be fastened outside of the package in waterproof envelope and covered by metal cover

15117 The supplier shall be held liable for all damages or breakages to the goods due to the

defective or insufficient packing as well as for corrosion due to insufficient protection 15118 Packaged equipment or materials showing damage defects or shortages resulting from

improper packaging materials or packing procedures or having concealed damages or shortages at the time of unpacking shall be to the supplierrsquos account

All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearly indicated and marked ldquoATTENTION SPECIAL LOAD HANDLE WITH CARErdquo both in English Hindi Languages

In the case of imports a distinct colour splash in say red black around each package crate

bundle shall be given for identification 15119 Along with the packed material supplier should attach material list manualsinstructions

and also the Inspection certificate release note wherever applicable 152 MARKING The following details to be written on the side face of packing

a) Purchase Order Number b) Vendor Name c) Batch no with manufacturing date d) Procedure (in brief) for handling e) Date of dispatch etc

153 IMPORTED ITEMS On three sides of the packages the following marks shall appear clearly

visible with indelible paint and on Vendors care and expenses

BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions) From To Bharat Petroleum Corporation Limited (With detailed address as given in Special Purchase Conditions) Order No Rev No Item Equipment Nomenclature Net weight Kgs

26 | P a g e

Gross weight Kgs Case No of Total cases Dimensions Import License No NOTE Marking shall be bold - minimum letter height 5 cm For every order and every shipment packages must be marked with serial progressive numbering Top heavy containers shall be so marked either Top Heavy or Heavy Ends When packing material is clean and light coloured a dark black stencil paint shall be acceptable However where packaging material is soiled or dark a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings In case of large equipments like vessels heat exchangers etc the envelope containing the documents shall be fastened inside a shell connection with an identifying arrow sign documents using indelible paint

16 DELIVERY 161 Unless otherwise mentioned Vendor is requested to quote their best delivery schedule

from the date of receipt of Purchase order 162 Time being the essence of this contract the delivery mentioned in the purchase order shall

be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner Goods should be delivered securely packed and in good order and condition at the place of delivery and within the time specified in the purchase order for their delivery

163 The contractual delivery period is inclusive of all the lead time for engineering

procurement of raw material the manufacturing inspection testing packing transportation or any other activity whatsoever required to be accomplished for affecting the delivery at the required delivery point

164 Unless otherwise specified Material(s) shall not be despatched without prior inspection

andor testing and Release OrderMaterial(s) Acceptance Certificate issued by the Inspector(s)

165 BPCL shall have the right to advise any change in despatch point or destination in respect

of any Material(s) Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence will be reimbursed to the Vendor by BPCL

17 UNLOADING AND STACKING

Unloading and stacking will be arranged by BPCL The Vendor shall send BPCL information of the proposed consignment well in advance by telegramfaxe-mailcourier to enable BPCL to take necessary action

18 TRANSIT INSURANCE

27 | P a g e

Unless otherwise mentioned 181 Transit Insurance shall be in the vendorrsquos scope in the case of inland transportation of

goods 182 In the case of imports insurance against all marine and transit risk shall be covered under

the Owners marine policy However the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carriers responsibility is fully retained on the Carriers so that the consignees interests are fully secured and are in no way jeopardized

182 The Vendor shall send BPCL information of the proposed consignment well in advance by

faxe-mailcourier to enable BPCL to take necessary action for the transit insurance of the consignment Any failure by the Vendor to do so shall place the consignment at the Vendorrsquos risk

183 In the case of imports as soon as any shipment is made the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Limited (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments vessels name port of shipment bill of lading number and date total FOB and freight value

19 VALIDITY OF OFFER

The rates quoted against this tender shall be valid for a period of 180 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions

20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 201 The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered

to on the clear understanding that the Price(s) of the Material(s) hashave been fixed with reference to the said Delivery date(s)

202 If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them

beyond the stipulated date(s) of Delivery the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay and shall promptly keep BPCL informed of all subsequent developments

203 The delivery period quoted must be realistic amp specific The inability of successful Vendors

to execute orders in accordance with the agreed delivery schedule will entitle BPCL at its options to

2031 Accept delayed delivery at prices reduced by a sum equivalent to half percent (05) of the

basic value of any goods not delivered for every week of delay or part thereof limited to a maximum of 5 of the total basic order value LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract Date of receipt of materials at ownerrsquos premises shall be considered for calculation of price reduction for FOR destination contract

In the case of imports the contractual delivery date shall be considered from the date of Letter of Credit (LC) or the date of LC amendment because of Buyerrsquos fault plus one week

28 | P a g e

(to take care of transit time for receipt of LC) plus the delivery schedule as indicated by the vendors

In case of the shipment taking place on ldquoCash against documentsrdquo the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period

Further the date of BL or House airway bill shall be considered to find out the delay with respect to contractual delivery date In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any So vendor shall inform the readiness of material for shipment on FOB (Free on Board) basis FCA (Free on Carrier) basis

2032 Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor without prejudice to its right under 2031 above in respect of goods delivered

21 RISK PURCHASE CLAUSE

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms amp conditions of the order BPCL also reserves the right to procure the same or similar materialsequipment through other sources at vendors entire risk cost and consequences Further the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement

22 FORCE MAJEURE Circumstances leading to force majeure (a) Act of terrorism

(b) Riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection of military or usurped power (c) Ionising radiation or contamination radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component

(d) epidemics earthquakes flood fire hurricanes typhoons or other physical natural disaster but excluding weather conditions regardless of severity and

(e) freight embargoes strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract For the avoidance of doubt inclement weather third party breach delay in supply of materials (other than due to a nationwide transportersrsquo strike) or commercial hardship shall not constitute a Force Majeure event bull Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

12 | P a g e

62 For any clarification on e-tendering training uploading of document on e-procurement site please contact our service provider Ms E-procurement Technology Ltd on below numbers Phone 02224176419 E-mailsupportbpcleprocinmumbaisupporteptlin HELP DESK NOS 91-79-40016848 40016818

63 For any queries clarifications on tender technical specifications commercial points and

other terms and conditions of the tender please contact as under- Mr Seema Khadase Asst Manager Procurement CPO (MKTG) CONTACT NO 91-22-24176405 8879222134 (M) EMAIL seemakhadasebharatpetroleumin

64 In case you are not satisfied with the clarification of doubts you may escalate the query

To MrAjoy Sarkar Procurement Leader CPO (MKTG) CONTACT NO 91-22-24176412 9819971906 (M) EMAIL sarkarabharatpetroleumin

65 Office Address CPO-MKTG Bharat Petroleum Corp Ltd lsquoArsquo Installation Sewree Fort Road

Sewree-East Mumbai-400015 66 Contact details of Independent External Monitors (IEM) for Complaints and Disputes

regarding the tender only

Shri Vikram Srivastava Shri Virendra Bahadur Singh Shri Anupam Kulshreshtha

ADDRESS ADDRESS ADDRESS

E-202 Second Floor Greater Kailash Part 2 New Delhi - 110048

HNo B-564 Vineet Khand Gomati Nagar Lucknow - 226010

B-33 lsquoYarrows Apartmentsrsquo

Plot C-585 Sector 62

Noida UP -201309

vikramsrivastava1973gmailcom vbsinghipsgmailcom Anupam8gmailcom

Mob No 09810642323 Mob No 8853760730 Mob No 9968281160

Thanking you Yours faithfully for Bharat Petroleum Corporation Ltd Ajoy Sarkar Procurement Leader

13 | P a g e

General Instructions to bidders for e-tendering

1 Interested parties may download the tender from BPCL website (httpwwwBharatpetroleumin) or the CPP portal (httpeprocuregovin) or from the e-tendering website (httpsbpcleprocin) and participate in the tender as per the instructions given therein on or before the due date of the tender The tender available on the BPCL website and the CPP portal can be downloaded for reading purpose only For participation in the tender please fill up the tender online on the e-tender system available on httpsbpcleprocin 2 For registration on the e-tender site httpsbpcleprocin you can be guided by the ldquoInstructions to Vendorsrdquo available under the download section of the homepage of the website As the first step bidder shall have to click the ldquoRegisterrdquo link and fill in the requisite information in the ldquoBidder Registration Formrdquo Kindly remember your e-mail id (which will also act as the login ID) and the password entered therein Once you complete this process correctly you shall get a system generated mail Login in to the portal using your credentials When you log in for the first time system will ask you to add your Digital Signature Once you have added the Digital Signature please inform us by mail to the vendor administrator vendoradminbpcleprocin with a copy to supportbpcleprocin for approval Once approved bidders can login in to the system as and when required 3 As a pre-requisite for participation in the tender vendors are required to obtain a valid Digital Certificate of Class IIB and above (having both signing and encryption certificates) as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCIA) Controller of Certifying Authorities (CCA) The cost of obtaining the digital certificate shall be borne by the vendor In case any vendor so desires he may contact our e-procurement service provider Ms E-Procurement Technologies Ltd Ahmedabad (Contact no Tel +91 79 4001 6868 for obtaining the digital signature certificate 4 Corrigendumamendment if any shall be notified on the site httpsbpcleprocin In case any corrigendumamendment is issued after the submission of the bid then such vendors who have submitted their bids shall be intimated about the corrigendumamendment by a system-generated email It shall be assumed that the information contained therein has been taken into account by the vendor They have the choice of making changes in their bid before the due date and time 5 Price bid of only those vendors shall be opened whose Techno-Commercial bid is found to be acceptable to us The schedule for opening the price bid shall be advised separately 6 Directions for submitting online offers electronically against e-procurement tenders directly through internet (i) Vendors are advised to log on to the website (httpsbpcleprocin) and arrange to register themselves at the earliest if not done earlier (ii) The system time (IST) that will be displayed on e-Procurement web page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance (iii) Vendors are advised in their own interest to ensure that their bids are submitted in e-Procurement system well before the closing date and time of bid If the vendor intends to changerevise the bid already submitted they shall have to withdraw their bid already submitted change revise the bid and submit once again In case vendor is not able to complete

14 | P a g e

the submission of the changedrevised bid within due date amp time the system would consider it as no bid has been received from the vendor against the tender and consequently the vendor will be out of contention The process of change revise may do so any number of times till the due date and time of submission deadline However no bid can be modified after the deadline for submission of bids (iv) Once the entire process of submission of online bid is complete they will get an auto mail from the system stating you have successfully submitted your bid in the following tender with tender details (v) Bids Offers shall not be permitted in e-procurement system after the due date time of tender Hence no bid can be submitted after the due date and time of submission has elapsed (vi) No manual bidsoffers along with electronic bidsoffers shall be permitted 7 For tenders whose estimated procurement value is more than Rs 10 lakhs vendors can see the rates quoted by all the participating bidders once the price bids are opened For this purpose vendors shall have to log in to the portal under their user ID and password click on the ldquodash boardrdquo link against that tender and choose the ldquoResultsrdquo tab 8 No responsibility will be taken by BPCL andor the e-procurement service provider for any delay due to connectivity and availability of website They shall not have any liability to vendors for any interruption or delay in access to the site irrespective of the cause It is advisable that vendors who are not well conversant with e-tendering procedures start filling up the tenders much before the due date time so that there is sufficient time available with himher to acquaint with all the steps and seek help if they so require Even for those who are conversant with this type of e-tendering it is suggested to complete all the activities ahead of time It should be noted that the individual bid becomes viewable only after the opening of the bid onafter the due date and time Please be reassured that your bid will be viewable only to you and nobody else till the due date time of the tender opening The non-availability of viewing before due date and time is true for e-tendering service provider as well as BPCL officials 9 BPCL andor the e-procurement service provider shall not be responsible for any direct or indirect loss or damages and or consequential damages arising out of the bidding process including but not limited to systems problems inability to use the system loss of electronic information etc In case of any clarification pertaining to e-procurement process and system related issues the vendor may contact Ms E-Procurement Technologies Ltd at contact no Tel +91 79 40270573 followed with an e-mail to id supportbpcleprocin

15 | P a g e

General Purchase Conditions The following conditions shall be applicable for all procurement unless specifically mentioned in the Special Purchase Conditions I N D E X 1 DEFINITIONS 2 REFERENCE FOR DOCUMENTATION 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER 4 LANGUAGE OF BID 5 PRICE 6 TAXES AND DUTIES 7 INSPECTION 8 SHIPPING 9 INDIAN AGENT COMMISSION 10 ORDER AWARD EVALUATION CRITERIA 11 CONFIRMATION OF ORDER 12 PAYMENT TERMS 13 GUARANTEEWARRANTY 14 PERFORMANCE BANK GUARANTEE 15 PACKING amp MARKING 16 DELIVERY 17 UNLOADING AND STACKING 18 TRANSIT INSURANCE 19 VALIDITY OF OFFER 20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 21 RISK PURCHASE CLAUSE 22 FORCE MAJEURE CLAUSE 23 ARBITRATION CLAUSE 24 INTEGRITY PACT (IP) 25 RECOVERY OF SUMS DUE 26 CONFIDENTIALITY OF TECHNICAL INFORMATION 27 PATENTS amp ROYALTIES 28 LIABILITY CLAUSE 29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT 30 COMPLIANCE OF REGULATIONS 31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT 32 NON-WAIVER 33 NEW amp UNUSED MATERIAL 34 PURCHASE PREFERENCE CLAUSE 35 CANCELLATION 36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION 37 ASSIGNMENT 38 GOVERNING LAW 39 AMENDMENT 40 NOTICES 41 POLICY ON HOLIDAY LISTING 42 ORDER OF PRECEDENCE FOR PURCHASES 43 TERMINATION FOR CONVENIENCE

16 | P a g e

GENERAL PURCHASE CONDITIONS 1 DEFINITIONS

The following expressions used in these terms and conditions and in the purchase order shall have the meaning indicated against each of these

11 OWNER Owner means Bharat Petroleum Corporation Limited (a Government of India

enterprise) a Company incorporated in India having its registered office at Bharat Bhavan 4 amp 6 Currimbhoy Road Ballard Estate Mumbai 400038 and shall include its successors and assigns (hereafter called BPCL as a short form)

12 VENDOR Vendor means the person firm or the Company Corporation to whom this

Request for quotation (RFQ)purchase order is issued and shall include its successors and assigns

13 INSPECTOR Person agency deputed by BPCL for carrying out inspection checkingtesting

of items ordered and for certifying the items conforming to the purchase order specifications

14 GOODS MATERIALS means any of the articles materials machinery equipments

supplies drawing data and other property and all services including but not limited to design delivery installation inspection testing and commissioning specified or required to complete the order

15 SITE LOCATION means any Site where BHARAT PETROLEUM CORPORATION LIMITED

desires to receive materials any where in India as mentioned in RFQ 16 ldquoRATE CONTRACTrdquo means the agreement for supply of goods materials between Owner

and Vendor for a fixed period of time (ie till validity of Rate Contract with no commitment of contractual quantity) on mutually agreed terms and conditions The actual supply of goods materials shall take place only on issue of separate purchase orders for required quantity as and when required by Owner

17 ldquoFIRM PROCUREMENTrdquo means the agreement between the parties for mutually agreed

terms and conditions with commitment of Quantity Ordered 2 REFERENCE FOR DOCUMENTATION 21 The number and date of Collective Request for Quotation (CRFQ) must appear on all

correspondence before finalization of Rate Contract Purchase Order 22 After finalization of Contract Purchase Order The number and date of Rate Contract

Purchase Order must appear on all correspondence drawings invoices dispatch advices (including shipping documents if applicable) packing list and on any documents or papers connected with this order

23 In the case of imports the relevant particulars of the import Licence shall be duly indicated in

the invoice and shipping documents as well as on the packages or consignments 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER

17 | P a g e

The right to accept the tender will rest with the Owner 4 LANGUAGE

The Bid and all supporting documentation and all correspondence whatsoever exchanged by Vendor and Owner shall be in English language only

5 PRICE

Unless otherwise agreed to the terms of the RFQ price shall be Firm and no escalation will be entertained on any ground except on the ground of statutory levies applicable on the tendered items

6 TAXES AND DUTIES All vendors shall have VAT CSTGSTService tax registration in the concerned State and vendor shall quote their TIN number in the quotation

61 EXCISE DUTY 611 Excise duty extra as applicable at the time of delivery within scheduled delivery period will

be payable by BPCL against documentary evidence Vendor shall mention in their offer the percentage of excise duty applicable at present Any upward variation in excise duty rates beyond the contractual delivery period shall be to vendorrsquos account

612 In case Excise Duty is not applicable at present Excise duty due to change in turn over is

not payable If applicable in future the same will be borne by vendor 613 Owner shall take CENVAT Credit on the material supplied for both excise duty and cess

component and accordingly Excise duty Cess should be quoted separately wherever applicable

Vendor shall ask the transporter of the goods to hand over the copy of excise invoice (transporterrsquos copy) at the time of delivery of goods at ownerrsquos site

62 SALES TAX VATGST 621 Sales Tax as applicable at the time of delivery within scheduled delivery period will be

payable by BPCL Vendor shall give details of local sales tax and or central sales tax currently applicable in their offer The rates applicable for ldquoCST without form Crdquo ldquoCST with form C and ldquoVATrdquo shall be clearly indicated

622 Input VAT Credit may be claimed by BPCL wherever applicable Vendor shall submit the

TAX invoice 63 SERVICE TAX All vendors shall have service tax registration wherever applicable BPCL

may also claim CENVAT Credit on service tax The vendor should quote service tax separately if applicable Vendor shall submit the TAX invoice Vendor is required to furnish serially numbered and signed invoice bill challan containing the following details

Name address and registration number of the service provider Name and address of person receiving taxable service Description classification and value of taxable service provided Service Tax Payable

18 | P a g e

64 FREIGHT AND OCTROI 641 Freight Firm freight charges to be quoted as indicated in the Tender documents Freight

shall be payable after receipt of the Material(s) at the site unless otherwise specified 642 Octroi and entry taxes if any shall be invoiced separately and shall be re-imbursed by BPCL

at actuals after receipt of the Material(s) at the Site against the submission of original documentary evidence for proof of payment of the related octroi and entry taxes as the case may be

65 NEW STATUTORY LEVIES All new statutory levies leviable on sale of finished goods to

owner if applicable are payable extra by BPCL against documentary proof within the contractual delivery period

66 VARIATION IN TAXES DUTIES Any increasedecrease in all the above mentioned

statutory levies on the date of delivery during the scheduled delivery period on finished materials will be on BPCLs account Any upward variation in statutory levies after contractual delivery date shall be to vendorrsquos account

67 INCOME TAX (WITHHOLDING TAX) In the case of availment of services from Non Resident

Vendors who are claiming benefits offered under the Double Taxation Avoidance Agreements signed by India with the Government of the other country (ie the country of the Vendor) such Non Resident Vendors are required to provide the Tax Residency Certificates at the time of submission of Bid documents The Tax Residency Certificates shall contain the following details

a) Name of Vendor (assessee) b) Status (Individual Company firm etc) of assessee c) Nationality (in case of individual) d) Country or specified territory of incorporation or registration (in case of others) e) Assessee lsquos tax identification number in the country or specified territory of residence

or in case no such number then a unique number on the basis of which the person is identified by the Government of the country or the specified territory

f) Residential status for the purpose of tax g) Period for which the certificate is applicable and h) Address of the applicant for the period for which the certificate is applicable

The Tax Residency Certificate shall be duly verified by the Government of the Country or the specified territory of the assessee of which the assessee claims to be a resident for the purposes of tax

7 INSPECTION 71 Materials shall be inspected by BPCL approved third party inspection agency if applicable

before dispatch of materials However arranging and providing inspection facilities is entirely vendorrsquos responsibility and in no way shall affect the delivery schedule

72 Scope of Inspection shall be as per RFQ Materials shall be inspected as per scope of

inspection by TPIAs which are registered under ldquoNABCB accredited bodies as per

19 | P a g e

requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of Goods The link is a below

httpnabcbqciorginaccreditationreg_bod_inspection_bodiesphp 73 Unless otherwise specified the inspection shall be carried out as per the relevant

standards scope of inspection provided alongwith the Tender EnquiryPurchase Order 74 BPCL may at its own expense have its representative(s) witness any test or inspection In

order to enable BPCLrsquos representative(s) to witness the tests inspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections

75 Even if the inspection and tests are fully carried out the Vendor shall not be absolved from

its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendorrsquos responsibility shall also not be anywise reduced or discharged because BPCL or BPCLrsquos representative(s) or Inspector(s) shall have examined commented on the Vendorrsquos drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s)

76 Although material approved by the Inspector(s) if on testing and inspection after receipt

of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

8 SHIPPING 81 SEA SHIPMENT All shipment of materials shall be made by first class direct vessels

through the chartering wing Ministry of Surface Transport as per procedure detailed hereunder The Foreign Supplier shall arrange with Vessels Owners or Forwarding Agents for proper storage of the entire Cargo intended for the project in a specific manner so as to faciliate and to avoid any over carriage at the port of discharge All shipment shall be under deck unless carriage on deck is unavoidable

The bills of lading should be made out in favour of `Bharat Petroleum Corporation Limited

or order

All columns in the body of the Bill of Lading namely marks and nos material description weight particulars etc should be uniform and accurate and such statements should be uniform in all the shipping documents The freight particulars should mention the basis of freight tonnage heavy lift charges if any surcharge discount etc clearly and separately The net total freight payable shall be shown at the bottom

SHIPPING DOCUMENTS All documents viz Bill of Lading invoices packing list freight

memos country of origin certificates test certificate drawings and catalogues should be in English language

20 | P a g e

In addition of the bill of lading which should be obtained in three stamped original plus as

many copies as required invoices packing list freight memos (if the freight particulars are not shown in the bills of lading) country of origin certificate test composition certificate shall be made out against each shipment in as many number of copies as shown below

The bill of lading invoice and packing list specifically shall show uniformly the mark and

numbers contents case wise country of origin consignees name port of destination and all other particulars as indicated under clause 2 The invoice shall show the unit rates and net total FOB prices Items packed separately should also be invoiced and the value shown accordingly Packing list must show apart from other particulars actual contents in each case net and gross weights and dimensions and the total number of packages All documents should be duly signed by the Vendorrsquos authorised representatives

In the case of FOB orders shipping arrangements shall be made by the Chartering Wing of

the Ministry of Surface Transport New Delhi through their respective forwarding agents The names and addresses of forwarding agents shall be as per Special Purchase Conditions Supplier shall furnish to the respective agents the full details of consignments such as outside dimension weights (both gross and net) No of packages technical description and drawings name of supplier ports of loading etc 6-weeks notice shall be given by the supplier to enable the concerned agency to arrange shipping space

The bill of lading shall indicate the following Shipper Government of India Consignee Bharat Petroleum Corporation Limited In case of supplies from USA Export Licences if any required from the American

Authorities shall be obtained by the US Suppliers If need be assistance for obtaining such export licences would be available from India Supply Mission at Washington

82 AIRSHIPMENT In case of Airshipment the materials shall be shipped through freight

consolidator (approved by us) The airway bill shall be made out in favour of BHARAT PETROLEUM CORPORATION LIMITED

TRANSMISSION OF SHIPPING DOCUMENTS Foreign Supplier shall obtain the shipping

documents in seven complete sets including three original stamped copies of the Bill of Lading as quickly as possible after the shipment is made and airmail as shown below so that they are received at least three weeks before the Vessels arrival Foreign Supplier shall be fully responsible or any delay and or demurrage in clearance of the consignment at the port due to delay in transmittal of the shipping documents

If in terms of letter or otherwise the complete original set of documents are required to

be sent to BPCL through Bank the distribution indicated below will confine to copies of documents only minus originals

Documents BPCL (Mumbai) Bill of Lading 4 (including 1 original) Invoice 4

21 | P a g e

Packing List 4 Freight Memo 4 Country of Origin Certificate 4 Third party inspection certificate 4 Drawing 4 Catalogue 4 Invoice of Third Party 4 for inspection charges whenever applicable

9 INDIAN AGENT COMMISSION

Any offer through Indian agents will be considered only after authorization mentioning them as Indian agents is received from Vendor Indian agents commission if applicable will be payable only in Indian currency Indian agents should be registered with Directorate General of Supplies and Disposals Government of India and agency commission will be payable only after registration with DGSampD New Delhi

10 ORDER AWARD EVALUATION CRITERIA

Unless otherwise specified Order award criteria will be on lowest quote landed price basis Landed price will be summation of Basic Price Packing amp Forwarding Charges Excise Duty Sales Tax Freight Inspection Octroi Supervision of Installation amp Commissioning and other taxes amp levies loading etc if any reduced by cenvatvat credit as applicable

11 CONFIRMATION OF ORDER

The vendor shall acknowledge the receipt of the purchase order within 10 days of mailing the same The vendor shall sign stamp the acknowledgement copy of the purchase order and return the same to BPCL

12 PAYMENT TERMS 121 Unless otherwise specified 100 payment shall be made within 30 days from date of

receipt and acceptance of materials at Site against submission of Peformance Bank Guarantee (PBG) for 10 of basic order value if PBG is applicable for the tender

122 In the case of imports payment will be made on submission of original documents directly

to Owner (Telegraphic Transfer-TT) or through Bank (Cash against documents-CAD) or through Irrevocable Letter of Credit

123 Unless otherwise mentioned the specified documents (All documents listed below (one

original and two copies) should be submitted to originator of PO (the name and contact details of whom are given in PO) and payments for despatches will be made by the originator of Purchase Order a) Invoice b) Excise invoice c) The Lorry Receipt of the consignment d) Packing list for the consignment e) Third Party Inspectorrsquos Certificate covering the invoiced Material(s) Release Note

wherever applicable f) Manufacturers TestComposition Certificate wherever applicable g) Drawing(s)Catalogue(s) covering the Material(s) wherever applicable h) GuaranteeWarranty Certificate(s) wherever applicable i) Original Receipt for Octroiother statutory levies as applicable

22 | P a g e

j) Performance Bank Guarantee as applicable 13 GUARANTEE WARRANTY 131 Materials shall be guaranteed against manufacturing defects materials workmanship

and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier Warranty for replacement of material accessories should be provided free of charges at our premises The above guaranteewarranty will be without prejudice to the certificate of inspection or material receipt note issued by us in respect of the materials In case the defect arises within the abovementioned Defect Liability Period (DLP) and the same is repairedreplaced the DLP for the repairedreplaced jobitem will be extended suitably so as to cover the original DLP However in no case such extension will exceed 24 months from date of start of initial DLP

132 All the materials including components and sub contracted items should be guaranteed by

the vendor within the warranty period mentioned above In the event of any defect in the material the vendor will replace repair the material at BPCLrsquos concerned location at vendorrsquos risk and cost on due notice

133 In case vendor does not replace repair the material on due notice rejected material will

be sent to the vendor on ldquoFreight to payrdquo basis for free replacement Material after rectification of defects shall be dispatched by the vendor on ldquoFreight Paidrdquo basis Alternatively BPCL reserves the right to have the material repaired replaced at the locations concerned at the vendorrsquos risk cost and responsibility

134 The Vendor shall provide similar warrantee on the parts components fittings accessories

etc so repaired and or replaced 14 PERFORMANCE BANK GUARANTEES 141 Vendor will have to provide Performance Bank Guarantee for 10 of the basic value of

purchase order unless otherwise specified This bank guarantee shall be valid (shall remain in force) for guarantee period (as mentioned in the guarantee clause) with an invocation period of six months thereafter In the case of Indigenous vendors the Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100) PBG format is as per Annexure-I

In case PBG is not provided by the Vendor 10 of the basic value shall be retained in lieu of PBG till the expiry of guarantee and claim period

In the case of imports the Supplier shall furnish the Performance Bank Guarantee (as per Annexure-I) through the following

(a) Branches of Indian scheduled banks operating in their Country (b) Foreign bank operating in their Country which is counter guaranteed by branches of

Indian scheduled banks operating in their Country India (c) Indian branches of foreign banks (d) Foreign bank operating in their Country counter guaranteed by their Indian branch

23 | P a g e

However in respect of (c) and (d) above the Indian branch of foreign banks should be recognized as scheduled bank by Reserve Bank of India

142 If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG (ie

PBG issued against every purchase call off order) then the validity of PBG will be calculated as mentioned below

1421 Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate Contract

Period (validity of Rate Contract) + Contractual Delivery Period of material + Contractual Guarantee period + 6 month (for invocation Claim)

143 You may use following Bank details for SFMS PBG

Name of Bank State Bank of India Branch CAG Branch Mumbai Account No 11083980831 IFSC Code SBIN0009995

15 PACKING amp MARKING 151 PACKING 1511 Packing shall withstand the hazards normally encountered with the means of transport for

the goods of this purchase order including loading and unloading operation both by crane and by pushing off

In the case of imports all equipments materials shall be suitably packed in weather proof

seaworthy packing for ocean transport under tropical conditions and for rail or road or other appropriate transport in India The packing shall be strong and efficient enough to ensure safe preservance upto the final point of destination

RawSolid wood packaging material of imported items has to be appropriately treated amp

marked as per International Standard of Phytosanitary Measures (ISPM-15) for material originating from the contracting countries to the International Plant Protection Convention or the members of Food amp Agriculture Organization Material from non-contracting parties would have to be accompanied by a phytosanitary certificate of the treatment endorsed The Custom Officer at Indian Port shall not release the material without appropriate compliance of the above provisions wef 01112004

1512 The packing specification incorporated herein are supplementary to the internal and

external packing methods and standards as per current general rules of JRA Good Tariff Part-I All packaging shall be done in such a manner as to reduce volume as much as possible

1513 Fragile articles should be packed with special packing materials depending on the type of

Materials and the packing shall bear the words HANDLE WITH CARE GLASS FRAGILE DONT ROLL THIS END UP THIS END DOWN to be indicated by arrow

1514 Chemicals in powder form catalyst refractories and like materials etc shall be packed in

drums cans and tins only However Catalyst may be supplied in Jumbo bags

24 | P a g e

1515 The hazardous materials shall be packed in accordance with the applicable rules regulations and tariff of all cognizant Government Authorities and other Governing bodies It shall be the responsibility of the seller of hazardous materials to designate the material as hazardous and to identify each material by its proper commodity name and its hazardous material class code

1516 All packages requiring handling by crane should have sufficient space at appropriate place

to put sling of suitable dia (strength) IronSteel angle should be provided at the place where sling marking are made to avoid damage to package equipment while lifting

1517 Item shipped in bundles must be securely tied with steel wire or strapping Steel reinforcing

rods bars pipes structural members etc shall be bundled in uniform lengths and the weight shall be within the breaking strength of the securing wire or strapping

In the case of imports for bundles the shipping marks shall be embossed on metal or

similar tag and wired securely on each end 1518 All delicate surfaces on equipment materials should be carefully protected and printed

with protective paintcompound and wrapped to prevent rusting and damage 1519 All mechanical and electrical equipment and other heavy articles shall be securely fastened

to the case bottom and shall be blocked and braced to avoid any displacement shifting during transit

15110 Attachments and spare parts of equipment and all small pieces shall be packed separately

in wooden cases with adequate protection inside the case and wherever possible should be sent along with the main equipment Each item shall be suitably tagged with identification of main equipment item denomination and reference number of respective assembly drawing Each item of steel structure and furnaces shall be identified with two erection markings with minimum lettering height of 15mm Such markings will be followed by the collection numbers in indelible inkpaint A copy of the packing list shall accompany the materials in each package

15111 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted

wooden disc on the flanges All nozzles holes and openings and also all delicate surfaces shall be carefully protected against damage and bad weather All manufactured surfaces shall be painted with rust proof paint

In the case of imports for bulk uniform material when packed in several cases progressive

serial numbers shall be indicated on each case 15112 Wherever required equipment materials instruments shall be enveloped in polythene

bags containing silicagel or similar dehydrating compound

15113 Pipes shall be packed as under (a) Upto 50mm NB in wooden cases crates (b) Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimum

three places (c) Above 100mm NB in loose

25 | P a g e

15114 Pipes and tubes of stainless steel copper etc shall be packed in wooden cases irrespective of their sizes

15115 Pipes with threaded or flanged ends shall be protected with suitable caps covers before

packing In the case of imports all pipes and sheets shall be marked with strips bearing progressive no

15116 Detailed packing list in waterproof envelope shall be inserted in the package together with

equipmentmaterials One copy of the detailed packing list shall be fastened outside of the package in waterproof envelope and covered by metal cover

15117 The supplier shall be held liable for all damages or breakages to the goods due to the

defective or insufficient packing as well as for corrosion due to insufficient protection 15118 Packaged equipment or materials showing damage defects or shortages resulting from

improper packaging materials or packing procedures or having concealed damages or shortages at the time of unpacking shall be to the supplierrsquos account

All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearly indicated and marked ldquoATTENTION SPECIAL LOAD HANDLE WITH CARErdquo both in English Hindi Languages

In the case of imports a distinct colour splash in say red black around each package crate

bundle shall be given for identification 15119 Along with the packed material supplier should attach material list manualsinstructions

and also the Inspection certificate release note wherever applicable 152 MARKING The following details to be written on the side face of packing

a) Purchase Order Number b) Vendor Name c) Batch no with manufacturing date d) Procedure (in brief) for handling e) Date of dispatch etc

153 IMPORTED ITEMS On three sides of the packages the following marks shall appear clearly

visible with indelible paint and on Vendors care and expenses

BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions) From To Bharat Petroleum Corporation Limited (With detailed address as given in Special Purchase Conditions) Order No Rev No Item Equipment Nomenclature Net weight Kgs

26 | P a g e

Gross weight Kgs Case No of Total cases Dimensions Import License No NOTE Marking shall be bold - minimum letter height 5 cm For every order and every shipment packages must be marked with serial progressive numbering Top heavy containers shall be so marked either Top Heavy or Heavy Ends When packing material is clean and light coloured a dark black stencil paint shall be acceptable However where packaging material is soiled or dark a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings In case of large equipments like vessels heat exchangers etc the envelope containing the documents shall be fastened inside a shell connection with an identifying arrow sign documents using indelible paint

16 DELIVERY 161 Unless otherwise mentioned Vendor is requested to quote their best delivery schedule

from the date of receipt of Purchase order 162 Time being the essence of this contract the delivery mentioned in the purchase order shall

be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner Goods should be delivered securely packed and in good order and condition at the place of delivery and within the time specified in the purchase order for their delivery

163 The contractual delivery period is inclusive of all the lead time for engineering

procurement of raw material the manufacturing inspection testing packing transportation or any other activity whatsoever required to be accomplished for affecting the delivery at the required delivery point

164 Unless otherwise specified Material(s) shall not be despatched without prior inspection

andor testing and Release OrderMaterial(s) Acceptance Certificate issued by the Inspector(s)

165 BPCL shall have the right to advise any change in despatch point or destination in respect

of any Material(s) Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence will be reimbursed to the Vendor by BPCL

17 UNLOADING AND STACKING

Unloading and stacking will be arranged by BPCL The Vendor shall send BPCL information of the proposed consignment well in advance by telegramfaxe-mailcourier to enable BPCL to take necessary action

18 TRANSIT INSURANCE

27 | P a g e

Unless otherwise mentioned 181 Transit Insurance shall be in the vendorrsquos scope in the case of inland transportation of

goods 182 In the case of imports insurance against all marine and transit risk shall be covered under

the Owners marine policy However the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carriers responsibility is fully retained on the Carriers so that the consignees interests are fully secured and are in no way jeopardized

182 The Vendor shall send BPCL information of the proposed consignment well in advance by

faxe-mailcourier to enable BPCL to take necessary action for the transit insurance of the consignment Any failure by the Vendor to do so shall place the consignment at the Vendorrsquos risk

183 In the case of imports as soon as any shipment is made the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Limited (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments vessels name port of shipment bill of lading number and date total FOB and freight value

19 VALIDITY OF OFFER

The rates quoted against this tender shall be valid for a period of 180 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions

20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 201 The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered

to on the clear understanding that the Price(s) of the Material(s) hashave been fixed with reference to the said Delivery date(s)

202 If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them

beyond the stipulated date(s) of Delivery the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay and shall promptly keep BPCL informed of all subsequent developments

203 The delivery period quoted must be realistic amp specific The inability of successful Vendors

to execute orders in accordance with the agreed delivery schedule will entitle BPCL at its options to

2031 Accept delayed delivery at prices reduced by a sum equivalent to half percent (05) of the

basic value of any goods not delivered for every week of delay or part thereof limited to a maximum of 5 of the total basic order value LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract Date of receipt of materials at ownerrsquos premises shall be considered for calculation of price reduction for FOR destination contract

In the case of imports the contractual delivery date shall be considered from the date of Letter of Credit (LC) or the date of LC amendment because of Buyerrsquos fault plus one week

28 | P a g e

(to take care of transit time for receipt of LC) plus the delivery schedule as indicated by the vendors

In case of the shipment taking place on ldquoCash against documentsrdquo the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period

Further the date of BL or House airway bill shall be considered to find out the delay with respect to contractual delivery date In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any So vendor shall inform the readiness of material for shipment on FOB (Free on Board) basis FCA (Free on Carrier) basis

2032 Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor without prejudice to its right under 2031 above in respect of goods delivered

21 RISK PURCHASE CLAUSE

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms amp conditions of the order BPCL also reserves the right to procure the same or similar materialsequipment through other sources at vendors entire risk cost and consequences Further the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement

22 FORCE MAJEURE Circumstances leading to force majeure (a) Act of terrorism

(b) Riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection of military or usurped power (c) Ionising radiation or contamination radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component

(d) epidemics earthquakes flood fire hurricanes typhoons or other physical natural disaster but excluding weather conditions regardless of severity and

(e) freight embargoes strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract For the avoidance of doubt inclement weather third party breach delay in supply of materials (other than due to a nationwide transportersrsquo strike) or commercial hardship shall not constitute a Force Majeure event bull Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

13 | P a g e

General Instructions to bidders for e-tendering

1 Interested parties may download the tender from BPCL website (httpwwwBharatpetroleumin) or the CPP portal (httpeprocuregovin) or from the e-tendering website (httpsbpcleprocin) and participate in the tender as per the instructions given therein on or before the due date of the tender The tender available on the BPCL website and the CPP portal can be downloaded for reading purpose only For participation in the tender please fill up the tender online on the e-tender system available on httpsbpcleprocin 2 For registration on the e-tender site httpsbpcleprocin you can be guided by the ldquoInstructions to Vendorsrdquo available under the download section of the homepage of the website As the first step bidder shall have to click the ldquoRegisterrdquo link and fill in the requisite information in the ldquoBidder Registration Formrdquo Kindly remember your e-mail id (which will also act as the login ID) and the password entered therein Once you complete this process correctly you shall get a system generated mail Login in to the portal using your credentials When you log in for the first time system will ask you to add your Digital Signature Once you have added the Digital Signature please inform us by mail to the vendor administrator vendoradminbpcleprocin with a copy to supportbpcleprocin for approval Once approved bidders can login in to the system as and when required 3 As a pre-requisite for participation in the tender vendors are required to obtain a valid Digital Certificate of Class IIB and above (having both signing and encryption certificates) as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCIA) Controller of Certifying Authorities (CCA) The cost of obtaining the digital certificate shall be borne by the vendor In case any vendor so desires he may contact our e-procurement service provider Ms E-Procurement Technologies Ltd Ahmedabad (Contact no Tel +91 79 4001 6868 for obtaining the digital signature certificate 4 Corrigendumamendment if any shall be notified on the site httpsbpcleprocin In case any corrigendumamendment is issued after the submission of the bid then such vendors who have submitted their bids shall be intimated about the corrigendumamendment by a system-generated email It shall be assumed that the information contained therein has been taken into account by the vendor They have the choice of making changes in their bid before the due date and time 5 Price bid of only those vendors shall be opened whose Techno-Commercial bid is found to be acceptable to us The schedule for opening the price bid shall be advised separately 6 Directions for submitting online offers electronically against e-procurement tenders directly through internet (i) Vendors are advised to log on to the website (httpsbpcleprocin) and arrange to register themselves at the earliest if not done earlier (ii) The system time (IST) that will be displayed on e-Procurement web page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance (iii) Vendors are advised in their own interest to ensure that their bids are submitted in e-Procurement system well before the closing date and time of bid If the vendor intends to changerevise the bid already submitted they shall have to withdraw their bid already submitted change revise the bid and submit once again In case vendor is not able to complete

14 | P a g e

the submission of the changedrevised bid within due date amp time the system would consider it as no bid has been received from the vendor against the tender and consequently the vendor will be out of contention The process of change revise may do so any number of times till the due date and time of submission deadline However no bid can be modified after the deadline for submission of bids (iv) Once the entire process of submission of online bid is complete they will get an auto mail from the system stating you have successfully submitted your bid in the following tender with tender details (v) Bids Offers shall not be permitted in e-procurement system after the due date time of tender Hence no bid can be submitted after the due date and time of submission has elapsed (vi) No manual bidsoffers along with electronic bidsoffers shall be permitted 7 For tenders whose estimated procurement value is more than Rs 10 lakhs vendors can see the rates quoted by all the participating bidders once the price bids are opened For this purpose vendors shall have to log in to the portal under their user ID and password click on the ldquodash boardrdquo link against that tender and choose the ldquoResultsrdquo tab 8 No responsibility will be taken by BPCL andor the e-procurement service provider for any delay due to connectivity and availability of website They shall not have any liability to vendors for any interruption or delay in access to the site irrespective of the cause It is advisable that vendors who are not well conversant with e-tendering procedures start filling up the tenders much before the due date time so that there is sufficient time available with himher to acquaint with all the steps and seek help if they so require Even for those who are conversant with this type of e-tendering it is suggested to complete all the activities ahead of time It should be noted that the individual bid becomes viewable only after the opening of the bid onafter the due date and time Please be reassured that your bid will be viewable only to you and nobody else till the due date time of the tender opening The non-availability of viewing before due date and time is true for e-tendering service provider as well as BPCL officials 9 BPCL andor the e-procurement service provider shall not be responsible for any direct or indirect loss or damages and or consequential damages arising out of the bidding process including but not limited to systems problems inability to use the system loss of electronic information etc In case of any clarification pertaining to e-procurement process and system related issues the vendor may contact Ms E-Procurement Technologies Ltd at contact no Tel +91 79 40270573 followed with an e-mail to id supportbpcleprocin

15 | P a g e

General Purchase Conditions The following conditions shall be applicable for all procurement unless specifically mentioned in the Special Purchase Conditions I N D E X 1 DEFINITIONS 2 REFERENCE FOR DOCUMENTATION 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER 4 LANGUAGE OF BID 5 PRICE 6 TAXES AND DUTIES 7 INSPECTION 8 SHIPPING 9 INDIAN AGENT COMMISSION 10 ORDER AWARD EVALUATION CRITERIA 11 CONFIRMATION OF ORDER 12 PAYMENT TERMS 13 GUARANTEEWARRANTY 14 PERFORMANCE BANK GUARANTEE 15 PACKING amp MARKING 16 DELIVERY 17 UNLOADING AND STACKING 18 TRANSIT INSURANCE 19 VALIDITY OF OFFER 20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 21 RISK PURCHASE CLAUSE 22 FORCE MAJEURE CLAUSE 23 ARBITRATION CLAUSE 24 INTEGRITY PACT (IP) 25 RECOVERY OF SUMS DUE 26 CONFIDENTIALITY OF TECHNICAL INFORMATION 27 PATENTS amp ROYALTIES 28 LIABILITY CLAUSE 29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT 30 COMPLIANCE OF REGULATIONS 31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT 32 NON-WAIVER 33 NEW amp UNUSED MATERIAL 34 PURCHASE PREFERENCE CLAUSE 35 CANCELLATION 36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION 37 ASSIGNMENT 38 GOVERNING LAW 39 AMENDMENT 40 NOTICES 41 POLICY ON HOLIDAY LISTING 42 ORDER OF PRECEDENCE FOR PURCHASES 43 TERMINATION FOR CONVENIENCE

16 | P a g e

GENERAL PURCHASE CONDITIONS 1 DEFINITIONS

The following expressions used in these terms and conditions and in the purchase order shall have the meaning indicated against each of these

11 OWNER Owner means Bharat Petroleum Corporation Limited (a Government of India

enterprise) a Company incorporated in India having its registered office at Bharat Bhavan 4 amp 6 Currimbhoy Road Ballard Estate Mumbai 400038 and shall include its successors and assigns (hereafter called BPCL as a short form)

12 VENDOR Vendor means the person firm or the Company Corporation to whom this

Request for quotation (RFQ)purchase order is issued and shall include its successors and assigns

13 INSPECTOR Person agency deputed by BPCL for carrying out inspection checkingtesting

of items ordered and for certifying the items conforming to the purchase order specifications

14 GOODS MATERIALS means any of the articles materials machinery equipments

supplies drawing data and other property and all services including but not limited to design delivery installation inspection testing and commissioning specified or required to complete the order

15 SITE LOCATION means any Site where BHARAT PETROLEUM CORPORATION LIMITED

desires to receive materials any where in India as mentioned in RFQ 16 ldquoRATE CONTRACTrdquo means the agreement for supply of goods materials between Owner

and Vendor for a fixed period of time (ie till validity of Rate Contract with no commitment of contractual quantity) on mutually agreed terms and conditions The actual supply of goods materials shall take place only on issue of separate purchase orders for required quantity as and when required by Owner

17 ldquoFIRM PROCUREMENTrdquo means the agreement between the parties for mutually agreed

terms and conditions with commitment of Quantity Ordered 2 REFERENCE FOR DOCUMENTATION 21 The number and date of Collective Request for Quotation (CRFQ) must appear on all

correspondence before finalization of Rate Contract Purchase Order 22 After finalization of Contract Purchase Order The number and date of Rate Contract

Purchase Order must appear on all correspondence drawings invoices dispatch advices (including shipping documents if applicable) packing list and on any documents or papers connected with this order

23 In the case of imports the relevant particulars of the import Licence shall be duly indicated in

the invoice and shipping documents as well as on the packages or consignments 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER

17 | P a g e

The right to accept the tender will rest with the Owner 4 LANGUAGE

The Bid and all supporting documentation and all correspondence whatsoever exchanged by Vendor and Owner shall be in English language only

5 PRICE

Unless otherwise agreed to the terms of the RFQ price shall be Firm and no escalation will be entertained on any ground except on the ground of statutory levies applicable on the tendered items

6 TAXES AND DUTIES All vendors shall have VAT CSTGSTService tax registration in the concerned State and vendor shall quote their TIN number in the quotation

61 EXCISE DUTY 611 Excise duty extra as applicable at the time of delivery within scheduled delivery period will

be payable by BPCL against documentary evidence Vendor shall mention in their offer the percentage of excise duty applicable at present Any upward variation in excise duty rates beyond the contractual delivery period shall be to vendorrsquos account

612 In case Excise Duty is not applicable at present Excise duty due to change in turn over is

not payable If applicable in future the same will be borne by vendor 613 Owner shall take CENVAT Credit on the material supplied for both excise duty and cess

component and accordingly Excise duty Cess should be quoted separately wherever applicable

Vendor shall ask the transporter of the goods to hand over the copy of excise invoice (transporterrsquos copy) at the time of delivery of goods at ownerrsquos site

62 SALES TAX VATGST 621 Sales Tax as applicable at the time of delivery within scheduled delivery period will be

payable by BPCL Vendor shall give details of local sales tax and or central sales tax currently applicable in their offer The rates applicable for ldquoCST without form Crdquo ldquoCST with form C and ldquoVATrdquo shall be clearly indicated

622 Input VAT Credit may be claimed by BPCL wherever applicable Vendor shall submit the

TAX invoice 63 SERVICE TAX All vendors shall have service tax registration wherever applicable BPCL

may also claim CENVAT Credit on service tax The vendor should quote service tax separately if applicable Vendor shall submit the TAX invoice Vendor is required to furnish serially numbered and signed invoice bill challan containing the following details

Name address and registration number of the service provider Name and address of person receiving taxable service Description classification and value of taxable service provided Service Tax Payable

18 | P a g e

64 FREIGHT AND OCTROI 641 Freight Firm freight charges to be quoted as indicated in the Tender documents Freight

shall be payable after receipt of the Material(s) at the site unless otherwise specified 642 Octroi and entry taxes if any shall be invoiced separately and shall be re-imbursed by BPCL

at actuals after receipt of the Material(s) at the Site against the submission of original documentary evidence for proof of payment of the related octroi and entry taxes as the case may be

65 NEW STATUTORY LEVIES All new statutory levies leviable on sale of finished goods to

owner if applicable are payable extra by BPCL against documentary proof within the contractual delivery period

66 VARIATION IN TAXES DUTIES Any increasedecrease in all the above mentioned

statutory levies on the date of delivery during the scheduled delivery period on finished materials will be on BPCLs account Any upward variation in statutory levies after contractual delivery date shall be to vendorrsquos account

67 INCOME TAX (WITHHOLDING TAX) In the case of availment of services from Non Resident

Vendors who are claiming benefits offered under the Double Taxation Avoidance Agreements signed by India with the Government of the other country (ie the country of the Vendor) such Non Resident Vendors are required to provide the Tax Residency Certificates at the time of submission of Bid documents The Tax Residency Certificates shall contain the following details

a) Name of Vendor (assessee) b) Status (Individual Company firm etc) of assessee c) Nationality (in case of individual) d) Country or specified territory of incorporation or registration (in case of others) e) Assessee lsquos tax identification number in the country or specified territory of residence

or in case no such number then a unique number on the basis of which the person is identified by the Government of the country or the specified territory

f) Residential status for the purpose of tax g) Period for which the certificate is applicable and h) Address of the applicant for the period for which the certificate is applicable

The Tax Residency Certificate shall be duly verified by the Government of the Country or the specified territory of the assessee of which the assessee claims to be a resident for the purposes of tax

7 INSPECTION 71 Materials shall be inspected by BPCL approved third party inspection agency if applicable

before dispatch of materials However arranging and providing inspection facilities is entirely vendorrsquos responsibility and in no way shall affect the delivery schedule

72 Scope of Inspection shall be as per RFQ Materials shall be inspected as per scope of

inspection by TPIAs which are registered under ldquoNABCB accredited bodies as per

19 | P a g e

requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of Goods The link is a below

httpnabcbqciorginaccreditationreg_bod_inspection_bodiesphp 73 Unless otherwise specified the inspection shall be carried out as per the relevant

standards scope of inspection provided alongwith the Tender EnquiryPurchase Order 74 BPCL may at its own expense have its representative(s) witness any test or inspection In

order to enable BPCLrsquos representative(s) to witness the tests inspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections

75 Even if the inspection and tests are fully carried out the Vendor shall not be absolved from

its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendorrsquos responsibility shall also not be anywise reduced or discharged because BPCL or BPCLrsquos representative(s) or Inspector(s) shall have examined commented on the Vendorrsquos drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s)

76 Although material approved by the Inspector(s) if on testing and inspection after receipt

of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

8 SHIPPING 81 SEA SHIPMENT All shipment of materials shall be made by first class direct vessels

through the chartering wing Ministry of Surface Transport as per procedure detailed hereunder The Foreign Supplier shall arrange with Vessels Owners or Forwarding Agents for proper storage of the entire Cargo intended for the project in a specific manner so as to faciliate and to avoid any over carriage at the port of discharge All shipment shall be under deck unless carriage on deck is unavoidable

The bills of lading should be made out in favour of `Bharat Petroleum Corporation Limited

or order

All columns in the body of the Bill of Lading namely marks and nos material description weight particulars etc should be uniform and accurate and such statements should be uniform in all the shipping documents The freight particulars should mention the basis of freight tonnage heavy lift charges if any surcharge discount etc clearly and separately The net total freight payable shall be shown at the bottom

SHIPPING DOCUMENTS All documents viz Bill of Lading invoices packing list freight

memos country of origin certificates test certificate drawings and catalogues should be in English language

20 | P a g e

In addition of the bill of lading which should be obtained in three stamped original plus as

many copies as required invoices packing list freight memos (if the freight particulars are not shown in the bills of lading) country of origin certificate test composition certificate shall be made out against each shipment in as many number of copies as shown below

The bill of lading invoice and packing list specifically shall show uniformly the mark and

numbers contents case wise country of origin consignees name port of destination and all other particulars as indicated under clause 2 The invoice shall show the unit rates and net total FOB prices Items packed separately should also be invoiced and the value shown accordingly Packing list must show apart from other particulars actual contents in each case net and gross weights and dimensions and the total number of packages All documents should be duly signed by the Vendorrsquos authorised representatives

In the case of FOB orders shipping arrangements shall be made by the Chartering Wing of

the Ministry of Surface Transport New Delhi through their respective forwarding agents The names and addresses of forwarding agents shall be as per Special Purchase Conditions Supplier shall furnish to the respective agents the full details of consignments such as outside dimension weights (both gross and net) No of packages technical description and drawings name of supplier ports of loading etc 6-weeks notice shall be given by the supplier to enable the concerned agency to arrange shipping space

The bill of lading shall indicate the following Shipper Government of India Consignee Bharat Petroleum Corporation Limited In case of supplies from USA Export Licences if any required from the American

Authorities shall be obtained by the US Suppliers If need be assistance for obtaining such export licences would be available from India Supply Mission at Washington

82 AIRSHIPMENT In case of Airshipment the materials shall be shipped through freight

consolidator (approved by us) The airway bill shall be made out in favour of BHARAT PETROLEUM CORPORATION LIMITED

TRANSMISSION OF SHIPPING DOCUMENTS Foreign Supplier shall obtain the shipping

documents in seven complete sets including three original stamped copies of the Bill of Lading as quickly as possible after the shipment is made and airmail as shown below so that they are received at least three weeks before the Vessels arrival Foreign Supplier shall be fully responsible or any delay and or demurrage in clearance of the consignment at the port due to delay in transmittal of the shipping documents

If in terms of letter or otherwise the complete original set of documents are required to

be sent to BPCL through Bank the distribution indicated below will confine to copies of documents only minus originals

Documents BPCL (Mumbai) Bill of Lading 4 (including 1 original) Invoice 4

21 | P a g e

Packing List 4 Freight Memo 4 Country of Origin Certificate 4 Third party inspection certificate 4 Drawing 4 Catalogue 4 Invoice of Third Party 4 for inspection charges whenever applicable

9 INDIAN AGENT COMMISSION

Any offer through Indian agents will be considered only after authorization mentioning them as Indian agents is received from Vendor Indian agents commission if applicable will be payable only in Indian currency Indian agents should be registered with Directorate General of Supplies and Disposals Government of India and agency commission will be payable only after registration with DGSampD New Delhi

10 ORDER AWARD EVALUATION CRITERIA

Unless otherwise specified Order award criteria will be on lowest quote landed price basis Landed price will be summation of Basic Price Packing amp Forwarding Charges Excise Duty Sales Tax Freight Inspection Octroi Supervision of Installation amp Commissioning and other taxes amp levies loading etc if any reduced by cenvatvat credit as applicable

11 CONFIRMATION OF ORDER

The vendor shall acknowledge the receipt of the purchase order within 10 days of mailing the same The vendor shall sign stamp the acknowledgement copy of the purchase order and return the same to BPCL

12 PAYMENT TERMS 121 Unless otherwise specified 100 payment shall be made within 30 days from date of

receipt and acceptance of materials at Site against submission of Peformance Bank Guarantee (PBG) for 10 of basic order value if PBG is applicable for the tender

122 In the case of imports payment will be made on submission of original documents directly

to Owner (Telegraphic Transfer-TT) or through Bank (Cash against documents-CAD) or through Irrevocable Letter of Credit

123 Unless otherwise mentioned the specified documents (All documents listed below (one

original and two copies) should be submitted to originator of PO (the name and contact details of whom are given in PO) and payments for despatches will be made by the originator of Purchase Order a) Invoice b) Excise invoice c) The Lorry Receipt of the consignment d) Packing list for the consignment e) Third Party Inspectorrsquos Certificate covering the invoiced Material(s) Release Note

wherever applicable f) Manufacturers TestComposition Certificate wherever applicable g) Drawing(s)Catalogue(s) covering the Material(s) wherever applicable h) GuaranteeWarranty Certificate(s) wherever applicable i) Original Receipt for Octroiother statutory levies as applicable

22 | P a g e

j) Performance Bank Guarantee as applicable 13 GUARANTEE WARRANTY 131 Materials shall be guaranteed against manufacturing defects materials workmanship

and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier Warranty for replacement of material accessories should be provided free of charges at our premises The above guaranteewarranty will be without prejudice to the certificate of inspection or material receipt note issued by us in respect of the materials In case the defect arises within the abovementioned Defect Liability Period (DLP) and the same is repairedreplaced the DLP for the repairedreplaced jobitem will be extended suitably so as to cover the original DLP However in no case such extension will exceed 24 months from date of start of initial DLP

132 All the materials including components and sub contracted items should be guaranteed by

the vendor within the warranty period mentioned above In the event of any defect in the material the vendor will replace repair the material at BPCLrsquos concerned location at vendorrsquos risk and cost on due notice

133 In case vendor does not replace repair the material on due notice rejected material will

be sent to the vendor on ldquoFreight to payrdquo basis for free replacement Material after rectification of defects shall be dispatched by the vendor on ldquoFreight Paidrdquo basis Alternatively BPCL reserves the right to have the material repaired replaced at the locations concerned at the vendorrsquos risk cost and responsibility

134 The Vendor shall provide similar warrantee on the parts components fittings accessories

etc so repaired and or replaced 14 PERFORMANCE BANK GUARANTEES 141 Vendor will have to provide Performance Bank Guarantee for 10 of the basic value of

purchase order unless otherwise specified This bank guarantee shall be valid (shall remain in force) for guarantee period (as mentioned in the guarantee clause) with an invocation period of six months thereafter In the case of Indigenous vendors the Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100) PBG format is as per Annexure-I

In case PBG is not provided by the Vendor 10 of the basic value shall be retained in lieu of PBG till the expiry of guarantee and claim period

In the case of imports the Supplier shall furnish the Performance Bank Guarantee (as per Annexure-I) through the following

(a) Branches of Indian scheduled banks operating in their Country (b) Foreign bank operating in their Country which is counter guaranteed by branches of

Indian scheduled banks operating in their Country India (c) Indian branches of foreign banks (d) Foreign bank operating in their Country counter guaranteed by their Indian branch

23 | P a g e

However in respect of (c) and (d) above the Indian branch of foreign banks should be recognized as scheduled bank by Reserve Bank of India

142 If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG (ie

PBG issued against every purchase call off order) then the validity of PBG will be calculated as mentioned below

1421 Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate Contract

Period (validity of Rate Contract) + Contractual Delivery Period of material + Contractual Guarantee period + 6 month (for invocation Claim)

143 You may use following Bank details for SFMS PBG

Name of Bank State Bank of India Branch CAG Branch Mumbai Account No 11083980831 IFSC Code SBIN0009995

15 PACKING amp MARKING 151 PACKING 1511 Packing shall withstand the hazards normally encountered with the means of transport for

the goods of this purchase order including loading and unloading operation both by crane and by pushing off

In the case of imports all equipments materials shall be suitably packed in weather proof

seaworthy packing for ocean transport under tropical conditions and for rail or road or other appropriate transport in India The packing shall be strong and efficient enough to ensure safe preservance upto the final point of destination

RawSolid wood packaging material of imported items has to be appropriately treated amp

marked as per International Standard of Phytosanitary Measures (ISPM-15) for material originating from the contracting countries to the International Plant Protection Convention or the members of Food amp Agriculture Organization Material from non-contracting parties would have to be accompanied by a phytosanitary certificate of the treatment endorsed The Custom Officer at Indian Port shall not release the material without appropriate compliance of the above provisions wef 01112004

1512 The packing specification incorporated herein are supplementary to the internal and

external packing methods and standards as per current general rules of JRA Good Tariff Part-I All packaging shall be done in such a manner as to reduce volume as much as possible

1513 Fragile articles should be packed with special packing materials depending on the type of

Materials and the packing shall bear the words HANDLE WITH CARE GLASS FRAGILE DONT ROLL THIS END UP THIS END DOWN to be indicated by arrow

1514 Chemicals in powder form catalyst refractories and like materials etc shall be packed in

drums cans and tins only However Catalyst may be supplied in Jumbo bags

24 | P a g e

1515 The hazardous materials shall be packed in accordance with the applicable rules regulations and tariff of all cognizant Government Authorities and other Governing bodies It shall be the responsibility of the seller of hazardous materials to designate the material as hazardous and to identify each material by its proper commodity name and its hazardous material class code

1516 All packages requiring handling by crane should have sufficient space at appropriate place

to put sling of suitable dia (strength) IronSteel angle should be provided at the place where sling marking are made to avoid damage to package equipment while lifting

1517 Item shipped in bundles must be securely tied with steel wire or strapping Steel reinforcing

rods bars pipes structural members etc shall be bundled in uniform lengths and the weight shall be within the breaking strength of the securing wire or strapping

In the case of imports for bundles the shipping marks shall be embossed on metal or

similar tag and wired securely on each end 1518 All delicate surfaces on equipment materials should be carefully protected and printed

with protective paintcompound and wrapped to prevent rusting and damage 1519 All mechanical and electrical equipment and other heavy articles shall be securely fastened

to the case bottom and shall be blocked and braced to avoid any displacement shifting during transit

15110 Attachments and spare parts of equipment and all small pieces shall be packed separately

in wooden cases with adequate protection inside the case and wherever possible should be sent along with the main equipment Each item shall be suitably tagged with identification of main equipment item denomination and reference number of respective assembly drawing Each item of steel structure and furnaces shall be identified with two erection markings with minimum lettering height of 15mm Such markings will be followed by the collection numbers in indelible inkpaint A copy of the packing list shall accompany the materials in each package

15111 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted

wooden disc on the flanges All nozzles holes and openings and also all delicate surfaces shall be carefully protected against damage and bad weather All manufactured surfaces shall be painted with rust proof paint

In the case of imports for bulk uniform material when packed in several cases progressive

serial numbers shall be indicated on each case 15112 Wherever required equipment materials instruments shall be enveloped in polythene

bags containing silicagel or similar dehydrating compound

15113 Pipes shall be packed as under (a) Upto 50mm NB in wooden cases crates (b) Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimum

three places (c) Above 100mm NB in loose

25 | P a g e

15114 Pipes and tubes of stainless steel copper etc shall be packed in wooden cases irrespective of their sizes

15115 Pipes with threaded or flanged ends shall be protected with suitable caps covers before

packing In the case of imports all pipes and sheets shall be marked with strips bearing progressive no

15116 Detailed packing list in waterproof envelope shall be inserted in the package together with

equipmentmaterials One copy of the detailed packing list shall be fastened outside of the package in waterproof envelope and covered by metal cover

15117 The supplier shall be held liable for all damages or breakages to the goods due to the

defective or insufficient packing as well as for corrosion due to insufficient protection 15118 Packaged equipment or materials showing damage defects or shortages resulting from

improper packaging materials or packing procedures or having concealed damages or shortages at the time of unpacking shall be to the supplierrsquos account

All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearly indicated and marked ldquoATTENTION SPECIAL LOAD HANDLE WITH CARErdquo both in English Hindi Languages

In the case of imports a distinct colour splash in say red black around each package crate

bundle shall be given for identification 15119 Along with the packed material supplier should attach material list manualsinstructions

and also the Inspection certificate release note wherever applicable 152 MARKING The following details to be written on the side face of packing

a) Purchase Order Number b) Vendor Name c) Batch no with manufacturing date d) Procedure (in brief) for handling e) Date of dispatch etc

153 IMPORTED ITEMS On three sides of the packages the following marks shall appear clearly

visible with indelible paint and on Vendors care and expenses

BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions) From To Bharat Petroleum Corporation Limited (With detailed address as given in Special Purchase Conditions) Order No Rev No Item Equipment Nomenclature Net weight Kgs

26 | P a g e

Gross weight Kgs Case No of Total cases Dimensions Import License No NOTE Marking shall be bold - minimum letter height 5 cm For every order and every shipment packages must be marked with serial progressive numbering Top heavy containers shall be so marked either Top Heavy or Heavy Ends When packing material is clean and light coloured a dark black stencil paint shall be acceptable However where packaging material is soiled or dark a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings In case of large equipments like vessels heat exchangers etc the envelope containing the documents shall be fastened inside a shell connection with an identifying arrow sign documents using indelible paint

16 DELIVERY 161 Unless otherwise mentioned Vendor is requested to quote their best delivery schedule

from the date of receipt of Purchase order 162 Time being the essence of this contract the delivery mentioned in the purchase order shall

be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner Goods should be delivered securely packed and in good order and condition at the place of delivery and within the time specified in the purchase order for their delivery

163 The contractual delivery period is inclusive of all the lead time for engineering

procurement of raw material the manufacturing inspection testing packing transportation or any other activity whatsoever required to be accomplished for affecting the delivery at the required delivery point

164 Unless otherwise specified Material(s) shall not be despatched without prior inspection

andor testing and Release OrderMaterial(s) Acceptance Certificate issued by the Inspector(s)

165 BPCL shall have the right to advise any change in despatch point or destination in respect

of any Material(s) Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence will be reimbursed to the Vendor by BPCL

17 UNLOADING AND STACKING

Unloading and stacking will be arranged by BPCL The Vendor shall send BPCL information of the proposed consignment well in advance by telegramfaxe-mailcourier to enable BPCL to take necessary action

18 TRANSIT INSURANCE

27 | P a g e

Unless otherwise mentioned 181 Transit Insurance shall be in the vendorrsquos scope in the case of inland transportation of

goods 182 In the case of imports insurance against all marine and transit risk shall be covered under

the Owners marine policy However the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carriers responsibility is fully retained on the Carriers so that the consignees interests are fully secured and are in no way jeopardized

182 The Vendor shall send BPCL information of the proposed consignment well in advance by

faxe-mailcourier to enable BPCL to take necessary action for the transit insurance of the consignment Any failure by the Vendor to do so shall place the consignment at the Vendorrsquos risk

183 In the case of imports as soon as any shipment is made the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Limited (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments vessels name port of shipment bill of lading number and date total FOB and freight value

19 VALIDITY OF OFFER

The rates quoted against this tender shall be valid for a period of 180 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions

20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 201 The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered

to on the clear understanding that the Price(s) of the Material(s) hashave been fixed with reference to the said Delivery date(s)

202 If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them

beyond the stipulated date(s) of Delivery the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay and shall promptly keep BPCL informed of all subsequent developments

203 The delivery period quoted must be realistic amp specific The inability of successful Vendors

to execute orders in accordance with the agreed delivery schedule will entitle BPCL at its options to

2031 Accept delayed delivery at prices reduced by a sum equivalent to half percent (05) of the

basic value of any goods not delivered for every week of delay or part thereof limited to a maximum of 5 of the total basic order value LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract Date of receipt of materials at ownerrsquos premises shall be considered for calculation of price reduction for FOR destination contract

In the case of imports the contractual delivery date shall be considered from the date of Letter of Credit (LC) or the date of LC amendment because of Buyerrsquos fault plus one week

28 | P a g e

(to take care of transit time for receipt of LC) plus the delivery schedule as indicated by the vendors

In case of the shipment taking place on ldquoCash against documentsrdquo the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period

Further the date of BL or House airway bill shall be considered to find out the delay with respect to contractual delivery date In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any So vendor shall inform the readiness of material for shipment on FOB (Free on Board) basis FCA (Free on Carrier) basis

2032 Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor without prejudice to its right under 2031 above in respect of goods delivered

21 RISK PURCHASE CLAUSE

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms amp conditions of the order BPCL also reserves the right to procure the same or similar materialsequipment through other sources at vendors entire risk cost and consequences Further the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement

22 FORCE MAJEURE Circumstances leading to force majeure (a) Act of terrorism

(b) Riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection of military or usurped power (c) Ionising radiation or contamination radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component

(d) epidemics earthquakes flood fire hurricanes typhoons or other physical natural disaster but excluding weather conditions regardless of severity and

(e) freight embargoes strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract For the avoidance of doubt inclement weather third party breach delay in supply of materials (other than due to a nationwide transportersrsquo strike) or commercial hardship shall not constitute a Force Majeure event bull Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

14 | P a g e

the submission of the changedrevised bid within due date amp time the system would consider it as no bid has been received from the vendor against the tender and consequently the vendor will be out of contention The process of change revise may do so any number of times till the due date and time of submission deadline However no bid can be modified after the deadline for submission of bids (iv) Once the entire process of submission of online bid is complete they will get an auto mail from the system stating you have successfully submitted your bid in the following tender with tender details (v) Bids Offers shall not be permitted in e-procurement system after the due date time of tender Hence no bid can be submitted after the due date and time of submission has elapsed (vi) No manual bidsoffers along with electronic bidsoffers shall be permitted 7 For tenders whose estimated procurement value is more than Rs 10 lakhs vendors can see the rates quoted by all the participating bidders once the price bids are opened For this purpose vendors shall have to log in to the portal under their user ID and password click on the ldquodash boardrdquo link against that tender and choose the ldquoResultsrdquo tab 8 No responsibility will be taken by BPCL andor the e-procurement service provider for any delay due to connectivity and availability of website They shall not have any liability to vendors for any interruption or delay in access to the site irrespective of the cause It is advisable that vendors who are not well conversant with e-tendering procedures start filling up the tenders much before the due date time so that there is sufficient time available with himher to acquaint with all the steps and seek help if they so require Even for those who are conversant with this type of e-tendering it is suggested to complete all the activities ahead of time It should be noted that the individual bid becomes viewable only after the opening of the bid onafter the due date and time Please be reassured that your bid will be viewable only to you and nobody else till the due date time of the tender opening The non-availability of viewing before due date and time is true for e-tendering service provider as well as BPCL officials 9 BPCL andor the e-procurement service provider shall not be responsible for any direct or indirect loss or damages and or consequential damages arising out of the bidding process including but not limited to systems problems inability to use the system loss of electronic information etc In case of any clarification pertaining to e-procurement process and system related issues the vendor may contact Ms E-Procurement Technologies Ltd at contact no Tel +91 79 40270573 followed with an e-mail to id supportbpcleprocin

15 | P a g e

General Purchase Conditions The following conditions shall be applicable for all procurement unless specifically mentioned in the Special Purchase Conditions I N D E X 1 DEFINITIONS 2 REFERENCE FOR DOCUMENTATION 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER 4 LANGUAGE OF BID 5 PRICE 6 TAXES AND DUTIES 7 INSPECTION 8 SHIPPING 9 INDIAN AGENT COMMISSION 10 ORDER AWARD EVALUATION CRITERIA 11 CONFIRMATION OF ORDER 12 PAYMENT TERMS 13 GUARANTEEWARRANTY 14 PERFORMANCE BANK GUARANTEE 15 PACKING amp MARKING 16 DELIVERY 17 UNLOADING AND STACKING 18 TRANSIT INSURANCE 19 VALIDITY OF OFFER 20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 21 RISK PURCHASE CLAUSE 22 FORCE MAJEURE CLAUSE 23 ARBITRATION CLAUSE 24 INTEGRITY PACT (IP) 25 RECOVERY OF SUMS DUE 26 CONFIDENTIALITY OF TECHNICAL INFORMATION 27 PATENTS amp ROYALTIES 28 LIABILITY CLAUSE 29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT 30 COMPLIANCE OF REGULATIONS 31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT 32 NON-WAIVER 33 NEW amp UNUSED MATERIAL 34 PURCHASE PREFERENCE CLAUSE 35 CANCELLATION 36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION 37 ASSIGNMENT 38 GOVERNING LAW 39 AMENDMENT 40 NOTICES 41 POLICY ON HOLIDAY LISTING 42 ORDER OF PRECEDENCE FOR PURCHASES 43 TERMINATION FOR CONVENIENCE

16 | P a g e

GENERAL PURCHASE CONDITIONS 1 DEFINITIONS

The following expressions used in these terms and conditions and in the purchase order shall have the meaning indicated against each of these

11 OWNER Owner means Bharat Petroleum Corporation Limited (a Government of India

enterprise) a Company incorporated in India having its registered office at Bharat Bhavan 4 amp 6 Currimbhoy Road Ballard Estate Mumbai 400038 and shall include its successors and assigns (hereafter called BPCL as a short form)

12 VENDOR Vendor means the person firm or the Company Corporation to whom this

Request for quotation (RFQ)purchase order is issued and shall include its successors and assigns

13 INSPECTOR Person agency deputed by BPCL for carrying out inspection checkingtesting

of items ordered and for certifying the items conforming to the purchase order specifications

14 GOODS MATERIALS means any of the articles materials machinery equipments

supplies drawing data and other property and all services including but not limited to design delivery installation inspection testing and commissioning specified or required to complete the order

15 SITE LOCATION means any Site where BHARAT PETROLEUM CORPORATION LIMITED

desires to receive materials any where in India as mentioned in RFQ 16 ldquoRATE CONTRACTrdquo means the agreement for supply of goods materials between Owner

and Vendor for a fixed period of time (ie till validity of Rate Contract with no commitment of contractual quantity) on mutually agreed terms and conditions The actual supply of goods materials shall take place only on issue of separate purchase orders for required quantity as and when required by Owner

17 ldquoFIRM PROCUREMENTrdquo means the agreement between the parties for mutually agreed

terms and conditions with commitment of Quantity Ordered 2 REFERENCE FOR DOCUMENTATION 21 The number and date of Collective Request for Quotation (CRFQ) must appear on all

correspondence before finalization of Rate Contract Purchase Order 22 After finalization of Contract Purchase Order The number and date of Rate Contract

Purchase Order must appear on all correspondence drawings invoices dispatch advices (including shipping documents if applicable) packing list and on any documents or papers connected with this order

23 In the case of imports the relevant particulars of the import Licence shall be duly indicated in

the invoice and shipping documents as well as on the packages or consignments 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER

17 | P a g e

The right to accept the tender will rest with the Owner 4 LANGUAGE

The Bid and all supporting documentation and all correspondence whatsoever exchanged by Vendor and Owner shall be in English language only

5 PRICE

Unless otherwise agreed to the terms of the RFQ price shall be Firm and no escalation will be entertained on any ground except on the ground of statutory levies applicable on the tendered items

6 TAXES AND DUTIES All vendors shall have VAT CSTGSTService tax registration in the concerned State and vendor shall quote their TIN number in the quotation

61 EXCISE DUTY 611 Excise duty extra as applicable at the time of delivery within scheduled delivery period will

be payable by BPCL against documentary evidence Vendor shall mention in their offer the percentage of excise duty applicable at present Any upward variation in excise duty rates beyond the contractual delivery period shall be to vendorrsquos account

612 In case Excise Duty is not applicable at present Excise duty due to change in turn over is

not payable If applicable in future the same will be borne by vendor 613 Owner shall take CENVAT Credit on the material supplied for both excise duty and cess

component and accordingly Excise duty Cess should be quoted separately wherever applicable

Vendor shall ask the transporter of the goods to hand over the copy of excise invoice (transporterrsquos copy) at the time of delivery of goods at ownerrsquos site

62 SALES TAX VATGST 621 Sales Tax as applicable at the time of delivery within scheduled delivery period will be

payable by BPCL Vendor shall give details of local sales tax and or central sales tax currently applicable in their offer The rates applicable for ldquoCST without form Crdquo ldquoCST with form C and ldquoVATrdquo shall be clearly indicated

622 Input VAT Credit may be claimed by BPCL wherever applicable Vendor shall submit the

TAX invoice 63 SERVICE TAX All vendors shall have service tax registration wherever applicable BPCL

may also claim CENVAT Credit on service tax The vendor should quote service tax separately if applicable Vendor shall submit the TAX invoice Vendor is required to furnish serially numbered and signed invoice bill challan containing the following details

Name address and registration number of the service provider Name and address of person receiving taxable service Description classification and value of taxable service provided Service Tax Payable

18 | P a g e

64 FREIGHT AND OCTROI 641 Freight Firm freight charges to be quoted as indicated in the Tender documents Freight

shall be payable after receipt of the Material(s) at the site unless otherwise specified 642 Octroi and entry taxes if any shall be invoiced separately and shall be re-imbursed by BPCL

at actuals after receipt of the Material(s) at the Site against the submission of original documentary evidence for proof of payment of the related octroi and entry taxes as the case may be

65 NEW STATUTORY LEVIES All new statutory levies leviable on sale of finished goods to

owner if applicable are payable extra by BPCL against documentary proof within the contractual delivery period

66 VARIATION IN TAXES DUTIES Any increasedecrease in all the above mentioned

statutory levies on the date of delivery during the scheduled delivery period on finished materials will be on BPCLs account Any upward variation in statutory levies after contractual delivery date shall be to vendorrsquos account

67 INCOME TAX (WITHHOLDING TAX) In the case of availment of services from Non Resident

Vendors who are claiming benefits offered under the Double Taxation Avoidance Agreements signed by India with the Government of the other country (ie the country of the Vendor) such Non Resident Vendors are required to provide the Tax Residency Certificates at the time of submission of Bid documents The Tax Residency Certificates shall contain the following details

a) Name of Vendor (assessee) b) Status (Individual Company firm etc) of assessee c) Nationality (in case of individual) d) Country or specified territory of incorporation or registration (in case of others) e) Assessee lsquos tax identification number in the country or specified territory of residence

or in case no such number then a unique number on the basis of which the person is identified by the Government of the country or the specified territory

f) Residential status for the purpose of tax g) Period for which the certificate is applicable and h) Address of the applicant for the period for which the certificate is applicable

The Tax Residency Certificate shall be duly verified by the Government of the Country or the specified territory of the assessee of which the assessee claims to be a resident for the purposes of tax

7 INSPECTION 71 Materials shall be inspected by BPCL approved third party inspection agency if applicable

before dispatch of materials However arranging and providing inspection facilities is entirely vendorrsquos responsibility and in no way shall affect the delivery schedule

72 Scope of Inspection shall be as per RFQ Materials shall be inspected as per scope of

inspection by TPIAs which are registered under ldquoNABCB accredited bodies as per

19 | P a g e

requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of Goods The link is a below

httpnabcbqciorginaccreditationreg_bod_inspection_bodiesphp 73 Unless otherwise specified the inspection shall be carried out as per the relevant

standards scope of inspection provided alongwith the Tender EnquiryPurchase Order 74 BPCL may at its own expense have its representative(s) witness any test or inspection In

order to enable BPCLrsquos representative(s) to witness the tests inspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections

75 Even if the inspection and tests are fully carried out the Vendor shall not be absolved from

its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendorrsquos responsibility shall also not be anywise reduced or discharged because BPCL or BPCLrsquos representative(s) or Inspector(s) shall have examined commented on the Vendorrsquos drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s)

76 Although material approved by the Inspector(s) if on testing and inspection after receipt

of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

8 SHIPPING 81 SEA SHIPMENT All shipment of materials shall be made by first class direct vessels

through the chartering wing Ministry of Surface Transport as per procedure detailed hereunder The Foreign Supplier shall arrange with Vessels Owners or Forwarding Agents for proper storage of the entire Cargo intended for the project in a specific manner so as to faciliate and to avoid any over carriage at the port of discharge All shipment shall be under deck unless carriage on deck is unavoidable

The bills of lading should be made out in favour of `Bharat Petroleum Corporation Limited

or order

All columns in the body of the Bill of Lading namely marks and nos material description weight particulars etc should be uniform and accurate and such statements should be uniform in all the shipping documents The freight particulars should mention the basis of freight tonnage heavy lift charges if any surcharge discount etc clearly and separately The net total freight payable shall be shown at the bottom

SHIPPING DOCUMENTS All documents viz Bill of Lading invoices packing list freight

memos country of origin certificates test certificate drawings and catalogues should be in English language

20 | P a g e

In addition of the bill of lading which should be obtained in three stamped original plus as

many copies as required invoices packing list freight memos (if the freight particulars are not shown in the bills of lading) country of origin certificate test composition certificate shall be made out against each shipment in as many number of copies as shown below

The bill of lading invoice and packing list specifically shall show uniformly the mark and

numbers contents case wise country of origin consignees name port of destination and all other particulars as indicated under clause 2 The invoice shall show the unit rates and net total FOB prices Items packed separately should also be invoiced and the value shown accordingly Packing list must show apart from other particulars actual contents in each case net and gross weights and dimensions and the total number of packages All documents should be duly signed by the Vendorrsquos authorised representatives

In the case of FOB orders shipping arrangements shall be made by the Chartering Wing of

the Ministry of Surface Transport New Delhi through their respective forwarding agents The names and addresses of forwarding agents shall be as per Special Purchase Conditions Supplier shall furnish to the respective agents the full details of consignments such as outside dimension weights (both gross and net) No of packages technical description and drawings name of supplier ports of loading etc 6-weeks notice shall be given by the supplier to enable the concerned agency to arrange shipping space

The bill of lading shall indicate the following Shipper Government of India Consignee Bharat Petroleum Corporation Limited In case of supplies from USA Export Licences if any required from the American

Authorities shall be obtained by the US Suppliers If need be assistance for obtaining such export licences would be available from India Supply Mission at Washington

82 AIRSHIPMENT In case of Airshipment the materials shall be shipped through freight

consolidator (approved by us) The airway bill shall be made out in favour of BHARAT PETROLEUM CORPORATION LIMITED

TRANSMISSION OF SHIPPING DOCUMENTS Foreign Supplier shall obtain the shipping

documents in seven complete sets including three original stamped copies of the Bill of Lading as quickly as possible after the shipment is made and airmail as shown below so that they are received at least three weeks before the Vessels arrival Foreign Supplier shall be fully responsible or any delay and or demurrage in clearance of the consignment at the port due to delay in transmittal of the shipping documents

If in terms of letter or otherwise the complete original set of documents are required to

be sent to BPCL through Bank the distribution indicated below will confine to copies of documents only minus originals

Documents BPCL (Mumbai) Bill of Lading 4 (including 1 original) Invoice 4

21 | P a g e

Packing List 4 Freight Memo 4 Country of Origin Certificate 4 Third party inspection certificate 4 Drawing 4 Catalogue 4 Invoice of Third Party 4 for inspection charges whenever applicable

9 INDIAN AGENT COMMISSION

Any offer through Indian agents will be considered only after authorization mentioning them as Indian agents is received from Vendor Indian agents commission if applicable will be payable only in Indian currency Indian agents should be registered with Directorate General of Supplies and Disposals Government of India and agency commission will be payable only after registration with DGSampD New Delhi

10 ORDER AWARD EVALUATION CRITERIA

Unless otherwise specified Order award criteria will be on lowest quote landed price basis Landed price will be summation of Basic Price Packing amp Forwarding Charges Excise Duty Sales Tax Freight Inspection Octroi Supervision of Installation amp Commissioning and other taxes amp levies loading etc if any reduced by cenvatvat credit as applicable

11 CONFIRMATION OF ORDER

The vendor shall acknowledge the receipt of the purchase order within 10 days of mailing the same The vendor shall sign stamp the acknowledgement copy of the purchase order and return the same to BPCL

12 PAYMENT TERMS 121 Unless otherwise specified 100 payment shall be made within 30 days from date of

receipt and acceptance of materials at Site against submission of Peformance Bank Guarantee (PBG) for 10 of basic order value if PBG is applicable for the tender

122 In the case of imports payment will be made on submission of original documents directly

to Owner (Telegraphic Transfer-TT) or through Bank (Cash against documents-CAD) or through Irrevocable Letter of Credit

123 Unless otherwise mentioned the specified documents (All documents listed below (one

original and two copies) should be submitted to originator of PO (the name and contact details of whom are given in PO) and payments for despatches will be made by the originator of Purchase Order a) Invoice b) Excise invoice c) The Lorry Receipt of the consignment d) Packing list for the consignment e) Third Party Inspectorrsquos Certificate covering the invoiced Material(s) Release Note

wherever applicable f) Manufacturers TestComposition Certificate wherever applicable g) Drawing(s)Catalogue(s) covering the Material(s) wherever applicable h) GuaranteeWarranty Certificate(s) wherever applicable i) Original Receipt for Octroiother statutory levies as applicable

22 | P a g e

j) Performance Bank Guarantee as applicable 13 GUARANTEE WARRANTY 131 Materials shall be guaranteed against manufacturing defects materials workmanship

and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier Warranty for replacement of material accessories should be provided free of charges at our premises The above guaranteewarranty will be without prejudice to the certificate of inspection or material receipt note issued by us in respect of the materials In case the defect arises within the abovementioned Defect Liability Period (DLP) and the same is repairedreplaced the DLP for the repairedreplaced jobitem will be extended suitably so as to cover the original DLP However in no case such extension will exceed 24 months from date of start of initial DLP

132 All the materials including components and sub contracted items should be guaranteed by

the vendor within the warranty period mentioned above In the event of any defect in the material the vendor will replace repair the material at BPCLrsquos concerned location at vendorrsquos risk and cost on due notice

133 In case vendor does not replace repair the material on due notice rejected material will

be sent to the vendor on ldquoFreight to payrdquo basis for free replacement Material after rectification of defects shall be dispatched by the vendor on ldquoFreight Paidrdquo basis Alternatively BPCL reserves the right to have the material repaired replaced at the locations concerned at the vendorrsquos risk cost and responsibility

134 The Vendor shall provide similar warrantee on the parts components fittings accessories

etc so repaired and or replaced 14 PERFORMANCE BANK GUARANTEES 141 Vendor will have to provide Performance Bank Guarantee for 10 of the basic value of

purchase order unless otherwise specified This bank guarantee shall be valid (shall remain in force) for guarantee period (as mentioned in the guarantee clause) with an invocation period of six months thereafter In the case of Indigenous vendors the Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100) PBG format is as per Annexure-I

In case PBG is not provided by the Vendor 10 of the basic value shall be retained in lieu of PBG till the expiry of guarantee and claim period

In the case of imports the Supplier shall furnish the Performance Bank Guarantee (as per Annexure-I) through the following

(a) Branches of Indian scheduled banks operating in their Country (b) Foreign bank operating in their Country which is counter guaranteed by branches of

Indian scheduled banks operating in their Country India (c) Indian branches of foreign banks (d) Foreign bank operating in their Country counter guaranteed by their Indian branch

23 | P a g e

However in respect of (c) and (d) above the Indian branch of foreign banks should be recognized as scheduled bank by Reserve Bank of India

142 If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG (ie

PBG issued against every purchase call off order) then the validity of PBG will be calculated as mentioned below

1421 Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate Contract

Period (validity of Rate Contract) + Contractual Delivery Period of material + Contractual Guarantee period + 6 month (for invocation Claim)

143 You may use following Bank details for SFMS PBG

Name of Bank State Bank of India Branch CAG Branch Mumbai Account No 11083980831 IFSC Code SBIN0009995

15 PACKING amp MARKING 151 PACKING 1511 Packing shall withstand the hazards normally encountered with the means of transport for

the goods of this purchase order including loading and unloading operation both by crane and by pushing off

In the case of imports all equipments materials shall be suitably packed in weather proof

seaworthy packing for ocean transport under tropical conditions and for rail or road or other appropriate transport in India The packing shall be strong and efficient enough to ensure safe preservance upto the final point of destination

RawSolid wood packaging material of imported items has to be appropriately treated amp

marked as per International Standard of Phytosanitary Measures (ISPM-15) for material originating from the contracting countries to the International Plant Protection Convention or the members of Food amp Agriculture Organization Material from non-contracting parties would have to be accompanied by a phytosanitary certificate of the treatment endorsed The Custom Officer at Indian Port shall not release the material without appropriate compliance of the above provisions wef 01112004

1512 The packing specification incorporated herein are supplementary to the internal and

external packing methods and standards as per current general rules of JRA Good Tariff Part-I All packaging shall be done in such a manner as to reduce volume as much as possible

1513 Fragile articles should be packed with special packing materials depending on the type of

Materials and the packing shall bear the words HANDLE WITH CARE GLASS FRAGILE DONT ROLL THIS END UP THIS END DOWN to be indicated by arrow

1514 Chemicals in powder form catalyst refractories and like materials etc shall be packed in

drums cans and tins only However Catalyst may be supplied in Jumbo bags

24 | P a g e

1515 The hazardous materials shall be packed in accordance with the applicable rules regulations and tariff of all cognizant Government Authorities and other Governing bodies It shall be the responsibility of the seller of hazardous materials to designate the material as hazardous and to identify each material by its proper commodity name and its hazardous material class code

1516 All packages requiring handling by crane should have sufficient space at appropriate place

to put sling of suitable dia (strength) IronSteel angle should be provided at the place where sling marking are made to avoid damage to package equipment while lifting

1517 Item shipped in bundles must be securely tied with steel wire or strapping Steel reinforcing

rods bars pipes structural members etc shall be bundled in uniform lengths and the weight shall be within the breaking strength of the securing wire or strapping

In the case of imports for bundles the shipping marks shall be embossed on metal or

similar tag and wired securely on each end 1518 All delicate surfaces on equipment materials should be carefully protected and printed

with protective paintcompound and wrapped to prevent rusting and damage 1519 All mechanical and electrical equipment and other heavy articles shall be securely fastened

to the case bottom and shall be blocked and braced to avoid any displacement shifting during transit

15110 Attachments and spare parts of equipment and all small pieces shall be packed separately

in wooden cases with adequate protection inside the case and wherever possible should be sent along with the main equipment Each item shall be suitably tagged with identification of main equipment item denomination and reference number of respective assembly drawing Each item of steel structure and furnaces shall be identified with two erection markings with minimum lettering height of 15mm Such markings will be followed by the collection numbers in indelible inkpaint A copy of the packing list shall accompany the materials in each package

15111 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted

wooden disc on the flanges All nozzles holes and openings and also all delicate surfaces shall be carefully protected against damage and bad weather All manufactured surfaces shall be painted with rust proof paint

In the case of imports for bulk uniform material when packed in several cases progressive

serial numbers shall be indicated on each case 15112 Wherever required equipment materials instruments shall be enveloped in polythene

bags containing silicagel or similar dehydrating compound

15113 Pipes shall be packed as under (a) Upto 50mm NB in wooden cases crates (b) Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimum

three places (c) Above 100mm NB in loose

25 | P a g e

15114 Pipes and tubes of stainless steel copper etc shall be packed in wooden cases irrespective of their sizes

15115 Pipes with threaded or flanged ends shall be protected with suitable caps covers before

packing In the case of imports all pipes and sheets shall be marked with strips bearing progressive no

15116 Detailed packing list in waterproof envelope shall be inserted in the package together with

equipmentmaterials One copy of the detailed packing list shall be fastened outside of the package in waterproof envelope and covered by metal cover

15117 The supplier shall be held liable for all damages or breakages to the goods due to the

defective or insufficient packing as well as for corrosion due to insufficient protection 15118 Packaged equipment or materials showing damage defects or shortages resulting from

improper packaging materials or packing procedures or having concealed damages or shortages at the time of unpacking shall be to the supplierrsquos account

All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearly indicated and marked ldquoATTENTION SPECIAL LOAD HANDLE WITH CARErdquo both in English Hindi Languages

In the case of imports a distinct colour splash in say red black around each package crate

bundle shall be given for identification 15119 Along with the packed material supplier should attach material list manualsinstructions

and also the Inspection certificate release note wherever applicable 152 MARKING The following details to be written on the side face of packing

a) Purchase Order Number b) Vendor Name c) Batch no with manufacturing date d) Procedure (in brief) for handling e) Date of dispatch etc

153 IMPORTED ITEMS On three sides of the packages the following marks shall appear clearly

visible with indelible paint and on Vendors care and expenses

BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions) From To Bharat Petroleum Corporation Limited (With detailed address as given in Special Purchase Conditions) Order No Rev No Item Equipment Nomenclature Net weight Kgs

26 | P a g e

Gross weight Kgs Case No of Total cases Dimensions Import License No NOTE Marking shall be bold - minimum letter height 5 cm For every order and every shipment packages must be marked with serial progressive numbering Top heavy containers shall be so marked either Top Heavy or Heavy Ends When packing material is clean and light coloured a dark black stencil paint shall be acceptable However where packaging material is soiled or dark a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings In case of large equipments like vessels heat exchangers etc the envelope containing the documents shall be fastened inside a shell connection with an identifying arrow sign documents using indelible paint

16 DELIVERY 161 Unless otherwise mentioned Vendor is requested to quote their best delivery schedule

from the date of receipt of Purchase order 162 Time being the essence of this contract the delivery mentioned in the purchase order shall

be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner Goods should be delivered securely packed and in good order and condition at the place of delivery and within the time specified in the purchase order for their delivery

163 The contractual delivery period is inclusive of all the lead time for engineering

procurement of raw material the manufacturing inspection testing packing transportation or any other activity whatsoever required to be accomplished for affecting the delivery at the required delivery point

164 Unless otherwise specified Material(s) shall not be despatched without prior inspection

andor testing and Release OrderMaterial(s) Acceptance Certificate issued by the Inspector(s)

165 BPCL shall have the right to advise any change in despatch point or destination in respect

of any Material(s) Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence will be reimbursed to the Vendor by BPCL

17 UNLOADING AND STACKING

Unloading and stacking will be arranged by BPCL The Vendor shall send BPCL information of the proposed consignment well in advance by telegramfaxe-mailcourier to enable BPCL to take necessary action

18 TRANSIT INSURANCE

27 | P a g e

Unless otherwise mentioned 181 Transit Insurance shall be in the vendorrsquos scope in the case of inland transportation of

goods 182 In the case of imports insurance against all marine and transit risk shall be covered under

the Owners marine policy However the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carriers responsibility is fully retained on the Carriers so that the consignees interests are fully secured and are in no way jeopardized

182 The Vendor shall send BPCL information of the proposed consignment well in advance by

faxe-mailcourier to enable BPCL to take necessary action for the transit insurance of the consignment Any failure by the Vendor to do so shall place the consignment at the Vendorrsquos risk

183 In the case of imports as soon as any shipment is made the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Limited (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments vessels name port of shipment bill of lading number and date total FOB and freight value

19 VALIDITY OF OFFER

The rates quoted against this tender shall be valid for a period of 180 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions

20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 201 The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered

to on the clear understanding that the Price(s) of the Material(s) hashave been fixed with reference to the said Delivery date(s)

202 If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them

beyond the stipulated date(s) of Delivery the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay and shall promptly keep BPCL informed of all subsequent developments

203 The delivery period quoted must be realistic amp specific The inability of successful Vendors

to execute orders in accordance with the agreed delivery schedule will entitle BPCL at its options to

2031 Accept delayed delivery at prices reduced by a sum equivalent to half percent (05) of the

basic value of any goods not delivered for every week of delay or part thereof limited to a maximum of 5 of the total basic order value LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract Date of receipt of materials at ownerrsquos premises shall be considered for calculation of price reduction for FOR destination contract

In the case of imports the contractual delivery date shall be considered from the date of Letter of Credit (LC) or the date of LC amendment because of Buyerrsquos fault plus one week

28 | P a g e

(to take care of transit time for receipt of LC) plus the delivery schedule as indicated by the vendors

In case of the shipment taking place on ldquoCash against documentsrdquo the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period

Further the date of BL or House airway bill shall be considered to find out the delay with respect to contractual delivery date In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any So vendor shall inform the readiness of material for shipment on FOB (Free on Board) basis FCA (Free on Carrier) basis

2032 Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor without prejudice to its right under 2031 above in respect of goods delivered

21 RISK PURCHASE CLAUSE

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms amp conditions of the order BPCL also reserves the right to procure the same or similar materialsequipment through other sources at vendors entire risk cost and consequences Further the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement

22 FORCE MAJEURE Circumstances leading to force majeure (a) Act of terrorism

(b) Riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection of military or usurped power (c) Ionising radiation or contamination radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component

(d) epidemics earthquakes flood fire hurricanes typhoons or other physical natural disaster but excluding weather conditions regardless of severity and

(e) freight embargoes strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract For the avoidance of doubt inclement weather third party breach delay in supply of materials (other than due to a nationwide transportersrsquo strike) or commercial hardship shall not constitute a Force Majeure event bull Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

15 | P a g e

General Purchase Conditions The following conditions shall be applicable for all procurement unless specifically mentioned in the Special Purchase Conditions I N D E X 1 DEFINITIONS 2 REFERENCE FOR DOCUMENTATION 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER 4 LANGUAGE OF BID 5 PRICE 6 TAXES AND DUTIES 7 INSPECTION 8 SHIPPING 9 INDIAN AGENT COMMISSION 10 ORDER AWARD EVALUATION CRITERIA 11 CONFIRMATION OF ORDER 12 PAYMENT TERMS 13 GUARANTEEWARRANTY 14 PERFORMANCE BANK GUARANTEE 15 PACKING amp MARKING 16 DELIVERY 17 UNLOADING AND STACKING 18 TRANSIT INSURANCE 19 VALIDITY OF OFFER 20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 21 RISK PURCHASE CLAUSE 22 FORCE MAJEURE CLAUSE 23 ARBITRATION CLAUSE 24 INTEGRITY PACT (IP) 25 RECOVERY OF SUMS DUE 26 CONFIDENTIALITY OF TECHNICAL INFORMATION 27 PATENTS amp ROYALTIES 28 LIABILITY CLAUSE 29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT 30 COMPLIANCE OF REGULATIONS 31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT 32 NON-WAIVER 33 NEW amp UNUSED MATERIAL 34 PURCHASE PREFERENCE CLAUSE 35 CANCELLATION 36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION 37 ASSIGNMENT 38 GOVERNING LAW 39 AMENDMENT 40 NOTICES 41 POLICY ON HOLIDAY LISTING 42 ORDER OF PRECEDENCE FOR PURCHASES 43 TERMINATION FOR CONVENIENCE

16 | P a g e

GENERAL PURCHASE CONDITIONS 1 DEFINITIONS

The following expressions used in these terms and conditions and in the purchase order shall have the meaning indicated against each of these

11 OWNER Owner means Bharat Petroleum Corporation Limited (a Government of India

enterprise) a Company incorporated in India having its registered office at Bharat Bhavan 4 amp 6 Currimbhoy Road Ballard Estate Mumbai 400038 and shall include its successors and assigns (hereafter called BPCL as a short form)

12 VENDOR Vendor means the person firm or the Company Corporation to whom this

Request for quotation (RFQ)purchase order is issued and shall include its successors and assigns

13 INSPECTOR Person agency deputed by BPCL for carrying out inspection checkingtesting

of items ordered and for certifying the items conforming to the purchase order specifications

14 GOODS MATERIALS means any of the articles materials machinery equipments

supplies drawing data and other property and all services including but not limited to design delivery installation inspection testing and commissioning specified or required to complete the order

15 SITE LOCATION means any Site where BHARAT PETROLEUM CORPORATION LIMITED

desires to receive materials any where in India as mentioned in RFQ 16 ldquoRATE CONTRACTrdquo means the agreement for supply of goods materials between Owner

and Vendor for a fixed period of time (ie till validity of Rate Contract with no commitment of contractual quantity) on mutually agreed terms and conditions The actual supply of goods materials shall take place only on issue of separate purchase orders for required quantity as and when required by Owner

17 ldquoFIRM PROCUREMENTrdquo means the agreement between the parties for mutually agreed

terms and conditions with commitment of Quantity Ordered 2 REFERENCE FOR DOCUMENTATION 21 The number and date of Collective Request for Quotation (CRFQ) must appear on all

correspondence before finalization of Rate Contract Purchase Order 22 After finalization of Contract Purchase Order The number and date of Rate Contract

Purchase Order must appear on all correspondence drawings invoices dispatch advices (including shipping documents if applicable) packing list and on any documents or papers connected with this order

23 In the case of imports the relevant particulars of the import Licence shall be duly indicated in

the invoice and shipping documents as well as on the packages or consignments 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER

17 | P a g e

The right to accept the tender will rest with the Owner 4 LANGUAGE

The Bid and all supporting documentation and all correspondence whatsoever exchanged by Vendor and Owner shall be in English language only

5 PRICE

Unless otherwise agreed to the terms of the RFQ price shall be Firm and no escalation will be entertained on any ground except on the ground of statutory levies applicable on the tendered items

6 TAXES AND DUTIES All vendors shall have VAT CSTGSTService tax registration in the concerned State and vendor shall quote their TIN number in the quotation

61 EXCISE DUTY 611 Excise duty extra as applicable at the time of delivery within scheduled delivery period will

be payable by BPCL against documentary evidence Vendor shall mention in their offer the percentage of excise duty applicable at present Any upward variation in excise duty rates beyond the contractual delivery period shall be to vendorrsquos account

612 In case Excise Duty is not applicable at present Excise duty due to change in turn over is

not payable If applicable in future the same will be borne by vendor 613 Owner shall take CENVAT Credit on the material supplied for both excise duty and cess

component and accordingly Excise duty Cess should be quoted separately wherever applicable

Vendor shall ask the transporter of the goods to hand over the copy of excise invoice (transporterrsquos copy) at the time of delivery of goods at ownerrsquos site

62 SALES TAX VATGST 621 Sales Tax as applicable at the time of delivery within scheduled delivery period will be

payable by BPCL Vendor shall give details of local sales tax and or central sales tax currently applicable in their offer The rates applicable for ldquoCST without form Crdquo ldquoCST with form C and ldquoVATrdquo shall be clearly indicated

622 Input VAT Credit may be claimed by BPCL wherever applicable Vendor shall submit the

TAX invoice 63 SERVICE TAX All vendors shall have service tax registration wherever applicable BPCL

may also claim CENVAT Credit on service tax The vendor should quote service tax separately if applicable Vendor shall submit the TAX invoice Vendor is required to furnish serially numbered and signed invoice bill challan containing the following details

Name address and registration number of the service provider Name and address of person receiving taxable service Description classification and value of taxable service provided Service Tax Payable

18 | P a g e

64 FREIGHT AND OCTROI 641 Freight Firm freight charges to be quoted as indicated in the Tender documents Freight

shall be payable after receipt of the Material(s) at the site unless otherwise specified 642 Octroi and entry taxes if any shall be invoiced separately and shall be re-imbursed by BPCL

at actuals after receipt of the Material(s) at the Site against the submission of original documentary evidence for proof of payment of the related octroi and entry taxes as the case may be

65 NEW STATUTORY LEVIES All new statutory levies leviable on sale of finished goods to

owner if applicable are payable extra by BPCL against documentary proof within the contractual delivery period

66 VARIATION IN TAXES DUTIES Any increasedecrease in all the above mentioned

statutory levies on the date of delivery during the scheduled delivery period on finished materials will be on BPCLs account Any upward variation in statutory levies after contractual delivery date shall be to vendorrsquos account

67 INCOME TAX (WITHHOLDING TAX) In the case of availment of services from Non Resident

Vendors who are claiming benefits offered under the Double Taxation Avoidance Agreements signed by India with the Government of the other country (ie the country of the Vendor) such Non Resident Vendors are required to provide the Tax Residency Certificates at the time of submission of Bid documents The Tax Residency Certificates shall contain the following details

a) Name of Vendor (assessee) b) Status (Individual Company firm etc) of assessee c) Nationality (in case of individual) d) Country or specified territory of incorporation or registration (in case of others) e) Assessee lsquos tax identification number in the country or specified territory of residence

or in case no such number then a unique number on the basis of which the person is identified by the Government of the country or the specified territory

f) Residential status for the purpose of tax g) Period for which the certificate is applicable and h) Address of the applicant for the period for which the certificate is applicable

The Tax Residency Certificate shall be duly verified by the Government of the Country or the specified territory of the assessee of which the assessee claims to be a resident for the purposes of tax

7 INSPECTION 71 Materials shall be inspected by BPCL approved third party inspection agency if applicable

before dispatch of materials However arranging and providing inspection facilities is entirely vendorrsquos responsibility and in no way shall affect the delivery schedule

72 Scope of Inspection shall be as per RFQ Materials shall be inspected as per scope of

inspection by TPIAs which are registered under ldquoNABCB accredited bodies as per

19 | P a g e

requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of Goods The link is a below

httpnabcbqciorginaccreditationreg_bod_inspection_bodiesphp 73 Unless otherwise specified the inspection shall be carried out as per the relevant

standards scope of inspection provided alongwith the Tender EnquiryPurchase Order 74 BPCL may at its own expense have its representative(s) witness any test or inspection In

order to enable BPCLrsquos representative(s) to witness the tests inspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections

75 Even if the inspection and tests are fully carried out the Vendor shall not be absolved from

its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendorrsquos responsibility shall also not be anywise reduced or discharged because BPCL or BPCLrsquos representative(s) or Inspector(s) shall have examined commented on the Vendorrsquos drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s)

76 Although material approved by the Inspector(s) if on testing and inspection after receipt

of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

8 SHIPPING 81 SEA SHIPMENT All shipment of materials shall be made by first class direct vessels

through the chartering wing Ministry of Surface Transport as per procedure detailed hereunder The Foreign Supplier shall arrange with Vessels Owners or Forwarding Agents for proper storage of the entire Cargo intended for the project in a specific manner so as to faciliate and to avoid any over carriage at the port of discharge All shipment shall be under deck unless carriage on deck is unavoidable

The bills of lading should be made out in favour of `Bharat Petroleum Corporation Limited

or order

All columns in the body of the Bill of Lading namely marks and nos material description weight particulars etc should be uniform and accurate and such statements should be uniform in all the shipping documents The freight particulars should mention the basis of freight tonnage heavy lift charges if any surcharge discount etc clearly and separately The net total freight payable shall be shown at the bottom

SHIPPING DOCUMENTS All documents viz Bill of Lading invoices packing list freight

memos country of origin certificates test certificate drawings and catalogues should be in English language

20 | P a g e

In addition of the bill of lading which should be obtained in three stamped original plus as

many copies as required invoices packing list freight memos (if the freight particulars are not shown in the bills of lading) country of origin certificate test composition certificate shall be made out against each shipment in as many number of copies as shown below

The bill of lading invoice and packing list specifically shall show uniformly the mark and

numbers contents case wise country of origin consignees name port of destination and all other particulars as indicated under clause 2 The invoice shall show the unit rates and net total FOB prices Items packed separately should also be invoiced and the value shown accordingly Packing list must show apart from other particulars actual contents in each case net and gross weights and dimensions and the total number of packages All documents should be duly signed by the Vendorrsquos authorised representatives

In the case of FOB orders shipping arrangements shall be made by the Chartering Wing of

the Ministry of Surface Transport New Delhi through their respective forwarding agents The names and addresses of forwarding agents shall be as per Special Purchase Conditions Supplier shall furnish to the respective agents the full details of consignments such as outside dimension weights (both gross and net) No of packages technical description and drawings name of supplier ports of loading etc 6-weeks notice shall be given by the supplier to enable the concerned agency to arrange shipping space

The bill of lading shall indicate the following Shipper Government of India Consignee Bharat Petroleum Corporation Limited In case of supplies from USA Export Licences if any required from the American

Authorities shall be obtained by the US Suppliers If need be assistance for obtaining such export licences would be available from India Supply Mission at Washington

82 AIRSHIPMENT In case of Airshipment the materials shall be shipped through freight

consolidator (approved by us) The airway bill shall be made out in favour of BHARAT PETROLEUM CORPORATION LIMITED

TRANSMISSION OF SHIPPING DOCUMENTS Foreign Supplier shall obtain the shipping

documents in seven complete sets including three original stamped copies of the Bill of Lading as quickly as possible after the shipment is made and airmail as shown below so that they are received at least three weeks before the Vessels arrival Foreign Supplier shall be fully responsible or any delay and or demurrage in clearance of the consignment at the port due to delay in transmittal of the shipping documents

If in terms of letter or otherwise the complete original set of documents are required to

be sent to BPCL through Bank the distribution indicated below will confine to copies of documents only minus originals

Documents BPCL (Mumbai) Bill of Lading 4 (including 1 original) Invoice 4

21 | P a g e

Packing List 4 Freight Memo 4 Country of Origin Certificate 4 Third party inspection certificate 4 Drawing 4 Catalogue 4 Invoice of Third Party 4 for inspection charges whenever applicable

9 INDIAN AGENT COMMISSION

Any offer through Indian agents will be considered only after authorization mentioning them as Indian agents is received from Vendor Indian agents commission if applicable will be payable only in Indian currency Indian agents should be registered with Directorate General of Supplies and Disposals Government of India and agency commission will be payable only after registration with DGSampD New Delhi

10 ORDER AWARD EVALUATION CRITERIA

Unless otherwise specified Order award criteria will be on lowest quote landed price basis Landed price will be summation of Basic Price Packing amp Forwarding Charges Excise Duty Sales Tax Freight Inspection Octroi Supervision of Installation amp Commissioning and other taxes amp levies loading etc if any reduced by cenvatvat credit as applicable

11 CONFIRMATION OF ORDER

The vendor shall acknowledge the receipt of the purchase order within 10 days of mailing the same The vendor shall sign stamp the acknowledgement copy of the purchase order and return the same to BPCL

12 PAYMENT TERMS 121 Unless otherwise specified 100 payment shall be made within 30 days from date of

receipt and acceptance of materials at Site against submission of Peformance Bank Guarantee (PBG) for 10 of basic order value if PBG is applicable for the tender

122 In the case of imports payment will be made on submission of original documents directly

to Owner (Telegraphic Transfer-TT) or through Bank (Cash against documents-CAD) or through Irrevocable Letter of Credit

123 Unless otherwise mentioned the specified documents (All documents listed below (one

original and two copies) should be submitted to originator of PO (the name and contact details of whom are given in PO) and payments for despatches will be made by the originator of Purchase Order a) Invoice b) Excise invoice c) The Lorry Receipt of the consignment d) Packing list for the consignment e) Third Party Inspectorrsquos Certificate covering the invoiced Material(s) Release Note

wherever applicable f) Manufacturers TestComposition Certificate wherever applicable g) Drawing(s)Catalogue(s) covering the Material(s) wherever applicable h) GuaranteeWarranty Certificate(s) wherever applicable i) Original Receipt for Octroiother statutory levies as applicable

22 | P a g e

j) Performance Bank Guarantee as applicable 13 GUARANTEE WARRANTY 131 Materials shall be guaranteed against manufacturing defects materials workmanship

and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier Warranty for replacement of material accessories should be provided free of charges at our premises The above guaranteewarranty will be without prejudice to the certificate of inspection or material receipt note issued by us in respect of the materials In case the defect arises within the abovementioned Defect Liability Period (DLP) and the same is repairedreplaced the DLP for the repairedreplaced jobitem will be extended suitably so as to cover the original DLP However in no case such extension will exceed 24 months from date of start of initial DLP

132 All the materials including components and sub contracted items should be guaranteed by

the vendor within the warranty period mentioned above In the event of any defect in the material the vendor will replace repair the material at BPCLrsquos concerned location at vendorrsquos risk and cost on due notice

133 In case vendor does not replace repair the material on due notice rejected material will

be sent to the vendor on ldquoFreight to payrdquo basis for free replacement Material after rectification of defects shall be dispatched by the vendor on ldquoFreight Paidrdquo basis Alternatively BPCL reserves the right to have the material repaired replaced at the locations concerned at the vendorrsquos risk cost and responsibility

134 The Vendor shall provide similar warrantee on the parts components fittings accessories

etc so repaired and or replaced 14 PERFORMANCE BANK GUARANTEES 141 Vendor will have to provide Performance Bank Guarantee for 10 of the basic value of

purchase order unless otherwise specified This bank guarantee shall be valid (shall remain in force) for guarantee period (as mentioned in the guarantee clause) with an invocation period of six months thereafter In the case of Indigenous vendors the Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100) PBG format is as per Annexure-I

In case PBG is not provided by the Vendor 10 of the basic value shall be retained in lieu of PBG till the expiry of guarantee and claim period

In the case of imports the Supplier shall furnish the Performance Bank Guarantee (as per Annexure-I) through the following

(a) Branches of Indian scheduled banks operating in their Country (b) Foreign bank operating in their Country which is counter guaranteed by branches of

Indian scheduled banks operating in their Country India (c) Indian branches of foreign banks (d) Foreign bank operating in their Country counter guaranteed by their Indian branch

23 | P a g e

However in respect of (c) and (d) above the Indian branch of foreign banks should be recognized as scheduled bank by Reserve Bank of India

142 If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG (ie

PBG issued against every purchase call off order) then the validity of PBG will be calculated as mentioned below

1421 Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate Contract

Period (validity of Rate Contract) + Contractual Delivery Period of material + Contractual Guarantee period + 6 month (for invocation Claim)

143 You may use following Bank details for SFMS PBG

Name of Bank State Bank of India Branch CAG Branch Mumbai Account No 11083980831 IFSC Code SBIN0009995

15 PACKING amp MARKING 151 PACKING 1511 Packing shall withstand the hazards normally encountered with the means of transport for

the goods of this purchase order including loading and unloading operation both by crane and by pushing off

In the case of imports all equipments materials shall be suitably packed in weather proof

seaworthy packing for ocean transport under tropical conditions and for rail or road or other appropriate transport in India The packing shall be strong and efficient enough to ensure safe preservance upto the final point of destination

RawSolid wood packaging material of imported items has to be appropriately treated amp

marked as per International Standard of Phytosanitary Measures (ISPM-15) for material originating from the contracting countries to the International Plant Protection Convention or the members of Food amp Agriculture Organization Material from non-contracting parties would have to be accompanied by a phytosanitary certificate of the treatment endorsed The Custom Officer at Indian Port shall not release the material without appropriate compliance of the above provisions wef 01112004

1512 The packing specification incorporated herein are supplementary to the internal and

external packing methods and standards as per current general rules of JRA Good Tariff Part-I All packaging shall be done in such a manner as to reduce volume as much as possible

1513 Fragile articles should be packed with special packing materials depending on the type of

Materials and the packing shall bear the words HANDLE WITH CARE GLASS FRAGILE DONT ROLL THIS END UP THIS END DOWN to be indicated by arrow

1514 Chemicals in powder form catalyst refractories and like materials etc shall be packed in

drums cans and tins only However Catalyst may be supplied in Jumbo bags

24 | P a g e

1515 The hazardous materials shall be packed in accordance with the applicable rules regulations and tariff of all cognizant Government Authorities and other Governing bodies It shall be the responsibility of the seller of hazardous materials to designate the material as hazardous and to identify each material by its proper commodity name and its hazardous material class code

1516 All packages requiring handling by crane should have sufficient space at appropriate place

to put sling of suitable dia (strength) IronSteel angle should be provided at the place where sling marking are made to avoid damage to package equipment while lifting

1517 Item shipped in bundles must be securely tied with steel wire or strapping Steel reinforcing

rods bars pipes structural members etc shall be bundled in uniform lengths and the weight shall be within the breaking strength of the securing wire or strapping

In the case of imports for bundles the shipping marks shall be embossed on metal or

similar tag and wired securely on each end 1518 All delicate surfaces on equipment materials should be carefully protected and printed

with protective paintcompound and wrapped to prevent rusting and damage 1519 All mechanical and electrical equipment and other heavy articles shall be securely fastened

to the case bottom and shall be blocked and braced to avoid any displacement shifting during transit

15110 Attachments and spare parts of equipment and all small pieces shall be packed separately

in wooden cases with adequate protection inside the case and wherever possible should be sent along with the main equipment Each item shall be suitably tagged with identification of main equipment item denomination and reference number of respective assembly drawing Each item of steel structure and furnaces shall be identified with two erection markings with minimum lettering height of 15mm Such markings will be followed by the collection numbers in indelible inkpaint A copy of the packing list shall accompany the materials in each package

15111 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted

wooden disc on the flanges All nozzles holes and openings and also all delicate surfaces shall be carefully protected against damage and bad weather All manufactured surfaces shall be painted with rust proof paint

In the case of imports for bulk uniform material when packed in several cases progressive

serial numbers shall be indicated on each case 15112 Wherever required equipment materials instruments shall be enveloped in polythene

bags containing silicagel or similar dehydrating compound

15113 Pipes shall be packed as under (a) Upto 50mm NB in wooden cases crates (b) Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimum

three places (c) Above 100mm NB in loose

25 | P a g e

15114 Pipes and tubes of stainless steel copper etc shall be packed in wooden cases irrespective of their sizes

15115 Pipes with threaded or flanged ends shall be protected with suitable caps covers before

packing In the case of imports all pipes and sheets shall be marked with strips bearing progressive no

15116 Detailed packing list in waterproof envelope shall be inserted in the package together with

equipmentmaterials One copy of the detailed packing list shall be fastened outside of the package in waterproof envelope and covered by metal cover

15117 The supplier shall be held liable for all damages or breakages to the goods due to the

defective or insufficient packing as well as for corrosion due to insufficient protection 15118 Packaged equipment or materials showing damage defects or shortages resulting from

improper packaging materials or packing procedures or having concealed damages or shortages at the time of unpacking shall be to the supplierrsquos account

All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearly indicated and marked ldquoATTENTION SPECIAL LOAD HANDLE WITH CARErdquo both in English Hindi Languages

In the case of imports a distinct colour splash in say red black around each package crate

bundle shall be given for identification 15119 Along with the packed material supplier should attach material list manualsinstructions

and also the Inspection certificate release note wherever applicable 152 MARKING The following details to be written on the side face of packing

a) Purchase Order Number b) Vendor Name c) Batch no with manufacturing date d) Procedure (in brief) for handling e) Date of dispatch etc

153 IMPORTED ITEMS On three sides of the packages the following marks shall appear clearly

visible with indelible paint and on Vendors care and expenses

BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions) From To Bharat Petroleum Corporation Limited (With detailed address as given in Special Purchase Conditions) Order No Rev No Item Equipment Nomenclature Net weight Kgs

26 | P a g e

Gross weight Kgs Case No of Total cases Dimensions Import License No NOTE Marking shall be bold - minimum letter height 5 cm For every order and every shipment packages must be marked with serial progressive numbering Top heavy containers shall be so marked either Top Heavy or Heavy Ends When packing material is clean and light coloured a dark black stencil paint shall be acceptable However where packaging material is soiled or dark a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings In case of large equipments like vessels heat exchangers etc the envelope containing the documents shall be fastened inside a shell connection with an identifying arrow sign documents using indelible paint

16 DELIVERY 161 Unless otherwise mentioned Vendor is requested to quote their best delivery schedule

from the date of receipt of Purchase order 162 Time being the essence of this contract the delivery mentioned in the purchase order shall

be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner Goods should be delivered securely packed and in good order and condition at the place of delivery and within the time specified in the purchase order for their delivery

163 The contractual delivery period is inclusive of all the lead time for engineering

procurement of raw material the manufacturing inspection testing packing transportation or any other activity whatsoever required to be accomplished for affecting the delivery at the required delivery point

164 Unless otherwise specified Material(s) shall not be despatched without prior inspection

andor testing and Release OrderMaterial(s) Acceptance Certificate issued by the Inspector(s)

165 BPCL shall have the right to advise any change in despatch point or destination in respect

of any Material(s) Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence will be reimbursed to the Vendor by BPCL

17 UNLOADING AND STACKING

Unloading and stacking will be arranged by BPCL The Vendor shall send BPCL information of the proposed consignment well in advance by telegramfaxe-mailcourier to enable BPCL to take necessary action

18 TRANSIT INSURANCE

27 | P a g e

Unless otherwise mentioned 181 Transit Insurance shall be in the vendorrsquos scope in the case of inland transportation of

goods 182 In the case of imports insurance against all marine and transit risk shall be covered under

the Owners marine policy However the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carriers responsibility is fully retained on the Carriers so that the consignees interests are fully secured and are in no way jeopardized

182 The Vendor shall send BPCL information of the proposed consignment well in advance by

faxe-mailcourier to enable BPCL to take necessary action for the transit insurance of the consignment Any failure by the Vendor to do so shall place the consignment at the Vendorrsquos risk

183 In the case of imports as soon as any shipment is made the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Limited (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments vessels name port of shipment bill of lading number and date total FOB and freight value

19 VALIDITY OF OFFER

The rates quoted against this tender shall be valid for a period of 180 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions

20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 201 The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered

to on the clear understanding that the Price(s) of the Material(s) hashave been fixed with reference to the said Delivery date(s)

202 If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them

beyond the stipulated date(s) of Delivery the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay and shall promptly keep BPCL informed of all subsequent developments

203 The delivery period quoted must be realistic amp specific The inability of successful Vendors

to execute orders in accordance with the agreed delivery schedule will entitle BPCL at its options to

2031 Accept delayed delivery at prices reduced by a sum equivalent to half percent (05) of the

basic value of any goods not delivered for every week of delay or part thereof limited to a maximum of 5 of the total basic order value LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract Date of receipt of materials at ownerrsquos premises shall be considered for calculation of price reduction for FOR destination contract

In the case of imports the contractual delivery date shall be considered from the date of Letter of Credit (LC) or the date of LC amendment because of Buyerrsquos fault plus one week

28 | P a g e

(to take care of transit time for receipt of LC) plus the delivery schedule as indicated by the vendors

In case of the shipment taking place on ldquoCash against documentsrdquo the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period

Further the date of BL or House airway bill shall be considered to find out the delay with respect to contractual delivery date In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any So vendor shall inform the readiness of material for shipment on FOB (Free on Board) basis FCA (Free on Carrier) basis

2032 Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor without prejudice to its right under 2031 above in respect of goods delivered

21 RISK PURCHASE CLAUSE

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms amp conditions of the order BPCL also reserves the right to procure the same or similar materialsequipment through other sources at vendors entire risk cost and consequences Further the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement

22 FORCE MAJEURE Circumstances leading to force majeure (a) Act of terrorism

(b) Riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection of military or usurped power (c) Ionising radiation or contamination radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component

(d) epidemics earthquakes flood fire hurricanes typhoons or other physical natural disaster but excluding weather conditions regardless of severity and

(e) freight embargoes strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract For the avoidance of doubt inclement weather third party breach delay in supply of materials (other than due to a nationwide transportersrsquo strike) or commercial hardship shall not constitute a Force Majeure event bull Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

16 | P a g e

GENERAL PURCHASE CONDITIONS 1 DEFINITIONS

The following expressions used in these terms and conditions and in the purchase order shall have the meaning indicated against each of these

11 OWNER Owner means Bharat Petroleum Corporation Limited (a Government of India

enterprise) a Company incorporated in India having its registered office at Bharat Bhavan 4 amp 6 Currimbhoy Road Ballard Estate Mumbai 400038 and shall include its successors and assigns (hereafter called BPCL as a short form)

12 VENDOR Vendor means the person firm or the Company Corporation to whom this

Request for quotation (RFQ)purchase order is issued and shall include its successors and assigns

13 INSPECTOR Person agency deputed by BPCL for carrying out inspection checkingtesting

of items ordered and for certifying the items conforming to the purchase order specifications

14 GOODS MATERIALS means any of the articles materials machinery equipments

supplies drawing data and other property and all services including but not limited to design delivery installation inspection testing and commissioning specified or required to complete the order

15 SITE LOCATION means any Site where BHARAT PETROLEUM CORPORATION LIMITED

desires to receive materials any where in India as mentioned in RFQ 16 ldquoRATE CONTRACTrdquo means the agreement for supply of goods materials between Owner

and Vendor for a fixed period of time (ie till validity of Rate Contract with no commitment of contractual quantity) on mutually agreed terms and conditions The actual supply of goods materials shall take place only on issue of separate purchase orders for required quantity as and when required by Owner

17 ldquoFIRM PROCUREMENTrdquo means the agreement between the parties for mutually agreed

terms and conditions with commitment of Quantity Ordered 2 REFERENCE FOR DOCUMENTATION 21 The number and date of Collective Request for Quotation (CRFQ) must appear on all

correspondence before finalization of Rate Contract Purchase Order 22 After finalization of Contract Purchase Order The number and date of Rate Contract

Purchase Order must appear on all correspondence drawings invoices dispatch advices (including shipping documents if applicable) packing list and on any documents or papers connected with this order

23 In the case of imports the relevant particulars of the import Licence shall be duly indicated in

the invoice and shipping documents as well as on the packages or consignments 3 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER

17 | P a g e

The right to accept the tender will rest with the Owner 4 LANGUAGE

The Bid and all supporting documentation and all correspondence whatsoever exchanged by Vendor and Owner shall be in English language only

5 PRICE

Unless otherwise agreed to the terms of the RFQ price shall be Firm and no escalation will be entertained on any ground except on the ground of statutory levies applicable on the tendered items

6 TAXES AND DUTIES All vendors shall have VAT CSTGSTService tax registration in the concerned State and vendor shall quote their TIN number in the quotation

61 EXCISE DUTY 611 Excise duty extra as applicable at the time of delivery within scheduled delivery period will

be payable by BPCL against documentary evidence Vendor shall mention in their offer the percentage of excise duty applicable at present Any upward variation in excise duty rates beyond the contractual delivery period shall be to vendorrsquos account

612 In case Excise Duty is not applicable at present Excise duty due to change in turn over is

not payable If applicable in future the same will be borne by vendor 613 Owner shall take CENVAT Credit on the material supplied for both excise duty and cess

component and accordingly Excise duty Cess should be quoted separately wherever applicable

Vendor shall ask the transporter of the goods to hand over the copy of excise invoice (transporterrsquos copy) at the time of delivery of goods at ownerrsquos site

62 SALES TAX VATGST 621 Sales Tax as applicable at the time of delivery within scheduled delivery period will be

payable by BPCL Vendor shall give details of local sales tax and or central sales tax currently applicable in their offer The rates applicable for ldquoCST without form Crdquo ldquoCST with form C and ldquoVATrdquo shall be clearly indicated

622 Input VAT Credit may be claimed by BPCL wherever applicable Vendor shall submit the

TAX invoice 63 SERVICE TAX All vendors shall have service tax registration wherever applicable BPCL

may also claim CENVAT Credit on service tax The vendor should quote service tax separately if applicable Vendor shall submit the TAX invoice Vendor is required to furnish serially numbered and signed invoice bill challan containing the following details

Name address and registration number of the service provider Name and address of person receiving taxable service Description classification and value of taxable service provided Service Tax Payable

18 | P a g e

64 FREIGHT AND OCTROI 641 Freight Firm freight charges to be quoted as indicated in the Tender documents Freight

shall be payable after receipt of the Material(s) at the site unless otherwise specified 642 Octroi and entry taxes if any shall be invoiced separately and shall be re-imbursed by BPCL

at actuals after receipt of the Material(s) at the Site against the submission of original documentary evidence for proof of payment of the related octroi and entry taxes as the case may be

65 NEW STATUTORY LEVIES All new statutory levies leviable on sale of finished goods to

owner if applicable are payable extra by BPCL against documentary proof within the contractual delivery period

66 VARIATION IN TAXES DUTIES Any increasedecrease in all the above mentioned

statutory levies on the date of delivery during the scheduled delivery period on finished materials will be on BPCLs account Any upward variation in statutory levies after contractual delivery date shall be to vendorrsquos account

67 INCOME TAX (WITHHOLDING TAX) In the case of availment of services from Non Resident

Vendors who are claiming benefits offered under the Double Taxation Avoidance Agreements signed by India with the Government of the other country (ie the country of the Vendor) such Non Resident Vendors are required to provide the Tax Residency Certificates at the time of submission of Bid documents The Tax Residency Certificates shall contain the following details

a) Name of Vendor (assessee) b) Status (Individual Company firm etc) of assessee c) Nationality (in case of individual) d) Country or specified territory of incorporation or registration (in case of others) e) Assessee lsquos tax identification number in the country or specified territory of residence

or in case no such number then a unique number on the basis of which the person is identified by the Government of the country or the specified territory

f) Residential status for the purpose of tax g) Period for which the certificate is applicable and h) Address of the applicant for the period for which the certificate is applicable

The Tax Residency Certificate shall be duly verified by the Government of the Country or the specified territory of the assessee of which the assessee claims to be a resident for the purposes of tax

7 INSPECTION 71 Materials shall be inspected by BPCL approved third party inspection agency if applicable

before dispatch of materials However arranging and providing inspection facilities is entirely vendorrsquos responsibility and in no way shall affect the delivery schedule

72 Scope of Inspection shall be as per RFQ Materials shall be inspected as per scope of

inspection by TPIAs which are registered under ldquoNABCB accredited bodies as per

19 | P a g e

requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of Goods The link is a below

httpnabcbqciorginaccreditationreg_bod_inspection_bodiesphp 73 Unless otherwise specified the inspection shall be carried out as per the relevant

standards scope of inspection provided alongwith the Tender EnquiryPurchase Order 74 BPCL may at its own expense have its representative(s) witness any test or inspection In

order to enable BPCLrsquos representative(s) to witness the tests inspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections

75 Even if the inspection and tests are fully carried out the Vendor shall not be absolved from

its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendorrsquos responsibility shall also not be anywise reduced or discharged because BPCL or BPCLrsquos representative(s) or Inspector(s) shall have examined commented on the Vendorrsquos drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s)

76 Although material approved by the Inspector(s) if on testing and inspection after receipt

of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

8 SHIPPING 81 SEA SHIPMENT All shipment of materials shall be made by first class direct vessels

through the chartering wing Ministry of Surface Transport as per procedure detailed hereunder The Foreign Supplier shall arrange with Vessels Owners or Forwarding Agents for proper storage of the entire Cargo intended for the project in a specific manner so as to faciliate and to avoid any over carriage at the port of discharge All shipment shall be under deck unless carriage on deck is unavoidable

The bills of lading should be made out in favour of `Bharat Petroleum Corporation Limited

or order

All columns in the body of the Bill of Lading namely marks and nos material description weight particulars etc should be uniform and accurate and such statements should be uniform in all the shipping documents The freight particulars should mention the basis of freight tonnage heavy lift charges if any surcharge discount etc clearly and separately The net total freight payable shall be shown at the bottom

SHIPPING DOCUMENTS All documents viz Bill of Lading invoices packing list freight

memos country of origin certificates test certificate drawings and catalogues should be in English language

20 | P a g e

In addition of the bill of lading which should be obtained in three stamped original plus as

many copies as required invoices packing list freight memos (if the freight particulars are not shown in the bills of lading) country of origin certificate test composition certificate shall be made out against each shipment in as many number of copies as shown below

The bill of lading invoice and packing list specifically shall show uniformly the mark and

numbers contents case wise country of origin consignees name port of destination and all other particulars as indicated under clause 2 The invoice shall show the unit rates and net total FOB prices Items packed separately should also be invoiced and the value shown accordingly Packing list must show apart from other particulars actual contents in each case net and gross weights and dimensions and the total number of packages All documents should be duly signed by the Vendorrsquos authorised representatives

In the case of FOB orders shipping arrangements shall be made by the Chartering Wing of

the Ministry of Surface Transport New Delhi through their respective forwarding agents The names and addresses of forwarding agents shall be as per Special Purchase Conditions Supplier shall furnish to the respective agents the full details of consignments such as outside dimension weights (both gross and net) No of packages technical description and drawings name of supplier ports of loading etc 6-weeks notice shall be given by the supplier to enable the concerned agency to arrange shipping space

The bill of lading shall indicate the following Shipper Government of India Consignee Bharat Petroleum Corporation Limited In case of supplies from USA Export Licences if any required from the American

Authorities shall be obtained by the US Suppliers If need be assistance for obtaining such export licences would be available from India Supply Mission at Washington

82 AIRSHIPMENT In case of Airshipment the materials shall be shipped through freight

consolidator (approved by us) The airway bill shall be made out in favour of BHARAT PETROLEUM CORPORATION LIMITED

TRANSMISSION OF SHIPPING DOCUMENTS Foreign Supplier shall obtain the shipping

documents in seven complete sets including three original stamped copies of the Bill of Lading as quickly as possible after the shipment is made and airmail as shown below so that they are received at least three weeks before the Vessels arrival Foreign Supplier shall be fully responsible or any delay and or demurrage in clearance of the consignment at the port due to delay in transmittal of the shipping documents

If in terms of letter or otherwise the complete original set of documents are required to

be sent to BPCL through Bank the distribution indicated below will confine to copies of documents only minus originals

Documents BPCL (Mumbai) Bill of Lading 4 (including 1 original) Invoice 4

21 | P a g e

Packing List 4 Freight Memo 4 Country of Origin Certificate 4 Third party inspection certificate 4 Drawing 4 Catalogue 4 Invoice of Third Party 4 for inspection charges whenever applicable

9 INDIAN AGENT COMMISSION

Any offer through Indian agents will be considered only after authorization mentioning them as Indian agents is received from Vendor Indian agents commission if applicable will be payable only in Indian currency Indian agents should be registered with Directorate General of Supplies and Disposals Government of India and agency commission will be payable only after registration with DGSampD New Delhi

10 ORDER AWARD EVALUATION CRITERIA

Unless otherwise specified Order award criteria will be on lowest quote landed price basis Landed price will be summation of Basic Price Packing amp Forwarding Charges Excise Duty Sales Tax Freight Inspection Octroi Supervision of Installation amp Commissioning and other taxes amp levies loading etc if any reduced by cenvatvat credit as applicable

11 CONFIRMATION OF ORDER

The vendor shall acknowledge the receipt of the purchase order within 10 days of mailing the same The vendor shall sign stamp the acknowledgement copy of the purchase order and return the same to BPCL

12 PAYMENT TERMS 121 Unless otherwise specified 100 payment shall be made within 30 days from date of

receipt and acceptance of materials at Site against submission of Peformance Bank Guarantee (PBG) for 10 of basic order value if PBG is applicable for the tender

122 In the case of imports payment will be made on submission of original documents directly

to Owner (Telegraphic Transfer-TT) or through Bank (Cash against documents-CAD) or through Irrevocable Letter of Credit

123 Unless otherwise mentioned the specified documents (All documents listed below (one

original and two copies) should be submitted to originator of PO (the name and contact details of whom are given in PO) and payments for despatches will be made by the originator of Purchase Order a) Invoice b) Excise invoice c) The Lorry Receipt of the consignment d) Packing list for the consignment e) Third Party Inspectorrsquos Certificate covering the invoiced Material(s) Release Note

wherever applicable f) Manufacturers TestComposition Certificate wherever applicable g) Drawing(s)Catalogue(s) covering the Material(s) wherever applicable h) GuaranteeWarranty Certificate(s) wherever applicable i) Original Receipt for Octroiother statutory levies as applicable

22 | P a g e

j) Performance Bank Guarantee as applicable 13 GUARANTEE WARRANTY 131 Materials shall be guaranteed against manufacturing defects materials workmanship

and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier Warranty for replacement of material accessories should be provided free of charges at our premises The above guaranteewarranty will be without prejudice to the certificate of inspection or material receipt note issued by us in respect of the materials In case the defect arises within the abovementioned Defect Liability Period (DLP) and the same is repairedreplaced the DLP for the repairedreplaced jobitem will be extended suitably so as to cover the original DLP However in no case such extension will exceed 24 months from date of start of initial DLP

132 All the materials including components and sub contracted items should be guaranteed by

the vendor within the warranty period mentioned above In the event of any defect in the material the vendor will replace repair the material at BPCLrsquos concerned location at vendorrsquos risk and cost on due notice

133 In case vendor does not replace repair the material on due notice rejected material will

be sent to the vendor on ldquoFreight to payrdquo basis for free replacement Material after rectification of defects shall be dispatched by the vendor on ldquoFreight Paidrdquo basis Alternatively BPCL reserves the right to have the material repaired replaced at the locations concerned at the vendorrsquos risk cost and responsibility

134 The Vendor shall provide similar warrantee on the parts components fittings accessories

etc so repaired and or replaced 14 PERFORMANCE BANK GUARANTEES 141 Vendor will have to provide Performance Bank Guarantee for 10 of the basic value of

purchase order unless otherwise specified This bank guarantee shall be valid (shall remain in force) for guarantee period (as mentioned in the guarantee clause) with an invocation period of six months thereafter In the case of Indigenous vendors the Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100) PBG format is as per Annexure-I

In case PBG is not provided by the Vendor 10 of the basic value shall be retained in lieu of PBG till the expiry of guarantee and claim period

In the case of imports the Supplier shall furnish the Performance Bank Guarantee (as per Annexure-I) through the following

(a) Branches of Indian scheduled banks operating in their Country (b) Foreign bank operating in their Country which is counter guaranteed by branches of

Indian scheduled banks operating in their Country India (c) Indian branches of foreign banks (d) Foreign bank operating in their Country counter guaranteed by their Indian branch

23 | P a g e

However in respect of (c) and (d) above the Indian branch of foreign banks should be recognized as scheduled bank by Reserve Bank of India

142 If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG (ie

PBG issued against every purchase call off order) then the validity of PBG will be calculated as mentioned below

1421 Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate Contract

Period (validity of Rate Contract) + Contractual Delivery Period of material + Contractual Guarantee period + 6 month (for invocation Claim)

143 You may use following Bank details for SFMS PBG

Name of Bank State Bank of India Branch CAG Branch Mumbai Account No 11083980831 IFSC Code SBIN0009995

15 PACKING amp MARKING 151 PACKING 1511 Packing shall withstand the hazards normally encountered with the means of transport for

the goods of this purchase order including loading and unloading operation both by crane and by pushing off

In the case of imports all equipments materials shall be suitably packed in weather proof

seaworthy packing for ocean transport under tropical conditions and for rail or road or other appropriate transport in India The packing shall be strong and efficient enough to ensure safe preservance upto the final point of destination

RawSolid wood packaging material of imported items has to be appropriately treated amp

marked as per International Standard of Phytosanitary Measures (ISPM-15) for material originating from the contracting countries to the International Plant Protection Convention or the members of Food amp Agriculture Organization Material from non-contracting parties would have to be accompanied by a phytosanitary certificate of the treatment endorsed The Custom Officer at Indian Port shall not release the material without appropriate compliance of the above provisions wef 01112004

1512 The packing specification incorporated herein are supplementary to the internal and

external packing methods and standards as per current general rules of JRA Good Tariff Part-I All packaging shall be done in such a manner as to reduce volume as much as possible

1513 Fragile articles should be packed with special packing materials depending on the type of

Materials and the packing shall bear the words HANDLE WITH CARE GLASS FRAGILE DONT ROLL THIS END UP THIS END DOWN to be indicated by arrow

1514 Chemicals in powder form catalyst refractories and like materials etc shall be packed in

drums cans and tins only However Catalyst may be supplied in Jumbo bags

24 | P a g e

1515 The hazardous materials shall be packed in accordance with the applicable rules regulations and tariff of all cognizant Government Authorities and other Governing bodies It shall be the responsibility of the seller of hazardous materials to designate the material as hazardous and to identify each material by its proper commodity name and its hazardous material class code

1516 All packages requiring handling by crane should have sufficient space at appropriate place

to put sling of suitable dia (strength) IronSteel angle should be provided at the place where sling marking are made to avoid damage to package equipment while lifting

1517 Item shipped in bundles must be securely tied with steel wire or strapping Steel reinforcing

rods bars pipes structural members etc shall be bundled in uniform lengths and the weight shall be within the breaking strength of the securing wire or strapping

In the case of imports for bundles the shipping marks shall be embossed on metal or

similar tag and wired securely on each end 1518 All delicate surfaces on equipment materials should be carefully protected and printed

with protective paintcompound and wrapped to prevent rusting and damage 1519 All mechanical and electrical equipment and other heavy articles shall be securely fastened

to the case bottom and shall be blocked and braced to avoid any displacement shifting during transit

15110 Attachments and spare parts of equipment and all small pieces shall be packed separately

in wooden cases with adequate protection inside the case and wherever possible should be sent along with the main equipment Each item shall be suitably tagged with identification of main equipment item denomination and reference number of respective assembly drawing Each item of steel structure and furnaces shall be identified with two erection markings with minimum lettering height of 15mm Such markings will be followed by the collection numbers in indelible inkpaint A copy of the packing list shall accompany the materials in each package

15111 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted

wooden disc on the flanges All nozzles holes and openings and also all delicate surfaces shall be carefully protected against damage and bad weather All manufactured surfaces shall be painted with rust proof paint

In the case of imports for bulk uniform material when packed in several cases progressive

serial numbers shall be indicated on each case 15112 Wherever required equipment materials instruments shall be enveloped in polythene

bags containing silicagel or similar dehydrating compound

15113 Pipes shall be packed as under (a) Upto 50mm NB in wooden cases crates (b) Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimum

three places (c) Above 100mm NB in loose

25 | P a g e

15114 Pipes and tubes of stainless steel copper etc shall be packed in wooden cases irrespective of their sizes

15115 Pipes with threaded or flanged ends shall be protected with suitable caps covers before

packing In the case of imports all pipes and sheets shall be marked with strips bearing progressive no

15116 Detailed packing list in waterproof envelope shall be inserted in the package together with

equipmentmaterials One copy of the detailed packing list shall be fastened outside of the package in waterproof envelope and covered by metal cover

15117 The supplier shall be held liable for all damages or breakages to the goods due to the

defective or insufficient packing as well as for corrosion due to insufficient protection 15118 Packaged equipment or materials showing damage defects or shortages resulting from

improper packaging materials or packing procedures or having concealed damages or shortages at the time of unpacking shall be to the supplierrsquos account

All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearly indicated and marked ldquoATTENTION SPECIAL LOAD HANDLE WITH CARErdquo both in English Hindi Languages

In the case of imports a distinct colour splash in say red black around each package crate

bundle shall be given for identification 15119 Along with the packed material supplier should attach material list manualsinstructions

and also the Inspection certificate release note wherever applicable 152 MARKING The following details to be written on the side face of packing

a) Purchase Order Number b) Vendor Name c) Batch no with manufacturing date d) Procedure (in brief) for handling e) Date of dispatch etc

153 IMPORTED ITEMS On three sides of the packages the following marks shall appear clearly

visible with indelible paint and on Vendors care and expenses

BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions) From To Bharat Petroleum Corporation Limited (With detailed address as given in Special Purchase Conditions) Order No Rev No Item Equipment Nomenclature Net weight Kgs

26 | P a g e

Gross weight Kgs Case No of Total cases Dimensions Import License No NOTE Marking shall be bold - minimum letter height 5 cm For every order and every shipment packages must be marked with serial progressive numbering Top heavy containers shall be so marked either Top Heavy or Heavy Ends When packing material is clean and light coloured a dark black stencil paint shall be acceptable However where packaging material is soiled or dark a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings In case of large equipments like vessels heat exchangers etc the envelope containing the documents shall be fastened inside a shell connection with an identifying arrow sign documents using indelible paint

16 DELIVERY 161 Unless otherwise mentioned Vendor is requested to quote their best delivery schedule

from the date of receipt of Purchase order 162 Time being the essence of this contract the delivery mentioned in the purchase order shall

be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner Goods should be delivered securely packed and in good order and condition at the place of delivery and within the time specified in the purchase order for their delivery

163 The contractual delivery period is inclusive of all the lead time for engineering

procurement of raw material the manufacturing inspection testing packing transportation or any other activity whatsoever required to be accomplished for affecting the delivery at the required delivery point

164 Unless otherwise specified Material(s) shall not be despatched without prior inspection

andor testing and Release OrderMaterial(s) Acceptance Certificate issued by the Inspector(s)

165 BPCL shall have the right to advise any change in despatch point or destination in respect

of any Material(s) Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence will be reimbursed to the Vendor by BPCL

17 UNLOADING AND STACKING

Unloading and stacking will be arranged by BPCL The Vendor shall send BPCL information of the proposed consignment well in advance by telegramfaxe-mailcourier to enable BPCL to take necessary action

18 TRANSIT INSURANCE

27 | P a g e

Unless otherwise mentioned 181 Transit Insurance shall be in the vendorrsquos scope in the case of inland transportation of

goods 182 In the case of imports insurance against all marine and transit risk shall be covered under

the Owners marine policy However the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carriers responsibility is fully retained on the Carriers so that the consignees interests are fully secured and are in no way jeopardized

182 The Vendor shall send BPCL information of the proposed consignment well in advance by

faxe-mailcourier to enable BPCL to take necessary action for the transit insurance of the consignment Any failure by the Vendor to do so shall place the consignment at the Vendorrsquos risk

183 In the case of imports as soon as any shipment is made the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Limited (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments vessels name port of shipment bill of lading number and date total FOB and freight value

19 VALIDITY OF OFFER

The rates quoted against this tender shall be valid for a period of 180 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions

20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 201 The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered

to on the clear understanding that the Price(s) of the Material(s) hashave been fixed with reference to the said Delivery date(s)

202 If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them

beyond the stipulated date(s) of Delivery the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay and shall promptly keep BPCL informed of all subsequent developments

203 The delivery period quoted must be realistic amp specific The inability of successful Vendors

to execute orders in accordance with the agreed delivery schedule will entitle BPCL at its options to

2031 Accept delayed delivery at prices reduced by a sum equivalent to half percent (05) of the

basic value of any goods not delivered for every week of delay or part thereof limited to a maximum of 5 of the total basic order value LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract Date of receipt of materials at ownerrsquos premises shall be considered for calculation of price reduction for FOR destination contract

In the case of imports the contractual delivery date shall be considered from the date of Letter of Credit (LC) or the date of LC amendment because of Buyerrsquos fault plus one week

28 | P a g e

(to take care of transit time for receipt of LC) plus the delivery schedule as indicated by the vendors

In case of the shipment taking place on ldquoCash against documentsrdquo the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period

Further the date of BL or House airway bill shall be considered to find out the delay with respect to contractual delivery date In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any So vendor shall inform the readiness of material for shipment on FOB (Free on Board) basis FCA (Free on Carrier) basis

2032 Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor without prejudice to its right under 2031 above in respect of goods delivered

21 RISK PURCHASE CLAUSE

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms amp conditions of the order BPCL also reserves the right to procure the same or similar materialsequipment through other sources at vendors entire risk cost and consequences Further the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement

22 FORCE MAJEURE Circumstances leading to force majeure (a) Act of terrorism

(b) Riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection of military or usurped power (c) Ionising radiation or contamination radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component

(d) epidemics earthquakes flood fire hurricanes typhoons or other physical natural disaster but excluding weather conditions regardless of severity and

(e) freight embargoes strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract For the avoidance of doubt inclement weather third party breach delay in supply of materials (other than due to a nationwide transportersrsquo strike) or commercial hardship shall not constitute a Force Majeure event bull Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

17 | P a g e

The right to accept the tender will rest with the Owner 4 LANGUAGE

The Bid and all supporting documentation and all correspondence whatsoever exchanged by Vendor and Owner shall be in English language only

5 PRICE

Unless otherwise agreed to the terms of the RFQ price shall be Firm and no escalation will be entertained on any ground except on the ground of statutory levies applicable on the tendered items

6 TAXES AND DUTIES All vendors shall have VAT CSTGSTService tax registration in the concerned State and vendor shall quote their TIN number in the quotation

61 EXCISE DUTY 611 Excise duty extra as applicable at the time of delivery within scheduled delivery period will

be payable by BPCL against documentary evidence Vendor shall mention in their offer the percentage of excise duty applicable at present Any upward variation in excise duty rates beyond the contractual delivery period shall be to vendorrsquos account

612 In case Excise Duty is not applicable at present Excise duty due to change in turn over is

not payable If applicable in future the same will be borne by vendor 613 Owner shall take CENVAT Credit on the material supplied for both excise duty and cess

component and accordingly Excise duty Cess should be quoted separately wherever applicable

Vendor shall ask the transporter of the goods to hand over the copy of excise invoice (transporterrsquos copy) at the time of delivery of goods at ownerrsquos site

62 SALES TAX VATGST 621 Sales Tax as applicable at the time of delivery within scheduled delivery period will be

payable by BPCL Vendor shall give details of local sales tax and or central sales tax currently applicable in their offer The rates applicable for ldquoCST without form Crdquo ldquoCST with form C and ldquoVATrdquo shall be clearly indicated

622 Input VAT Credit may be claimed by BPCL wherever applicable Vendor shall submit the

TAX invoice 63 SERVICE TAX All vendors shall have service tax registration wherever applicable BPCL

may also claim CENVAT Credit on service tax The vendor should quote service tax separately if applicable Vendor shall submit the TAX invoice Vendor is required to furnish serially numbered and signed invoice bill challan containing the following details

Name address and registration number of the service provider Name and address of person receiving taxable service Description classification and value of taxable service provided Service Tax Payable

18 | P a g e

64 FREIGHT AND OCTROI 641 Freight Firm freight charges to be quoted as indicated in the Tender documents Freight

shall be payable after receipt of the Material(s) at the site unless otherwise specified 642 Octroi and entry taxes if any shall be invoiced separately and shall be re-imbursed by BPCL

at actuals after receipt of the Material(s) at the Site against the submission of original documentary evidence for proof of payment of the related octroi and entry taxes as the case may be

65 NEW STATUTORY LEVIES All new statutory levies leviable on sale of finished goods to

owner if applicable are payable extra by BPCL against documentary proof within the contractual delivery period

66 VARIATION IN TAXES DUTIES Any increasedecrease in all the above mentioned

statutory levies on the date of delivery during the scheduled delivery period on finished materials will be on BPCLs account Any upward variation in statutory levies after contractual delivery date shall be to vendorrsquos account

67 INCOME TAX (WITHHOLDING TAX) In the case of availment of services from Non Resident

Vendors who are claiming benefits offered under the Double Taxation Avoidance Agreements signed by India with the Government of the other country (ie the country of the Vendor) such Non Resident Vendors are required to provide the Tax Residency Certificates at the time of submission of Bid documents The Tax Residency Certificates shall contain the following details

a) Name of Vendor (assessee) b) Status (Individual Company firm etc) of assessee c) Nationality (in case of individual) d) Country or specified territory of incorporation or registration (in case of others) e) Assessee lsquos tax identification number in the country or specified territory of residence

or in case no such number then a unique number on the basis of which the person is identified by the Government of the country or the specified territory

f) Residential status for the purpose of tax g) Period for which the certificate is applicable and h) Address of the applicant for the period for which the certificate is applicable

The Tax Residency Certificate shall be duly verified by the Government of the Country or the specified territory of the assessee of which the assessee claims to be a resident for the purposes of tax

7 INSPECTION 71 Materials shall be inspected by BPCL approved third party inspection agency if applicable

before dispatch of materials However arranging and providing inspection facilities is entirely vendorrsquos responsibility and in no way shall affect the delivery schedule

72 Scope of Inspection shall be as per RFQ Materials shall be inspected as per scope of

inspection by TPIAs which are registered under ldquoNABCB accredited bodies as per

19 | P a g e

requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of Goods The link is a below

httpnabcbqciorginaccreditationreg_bod_inspection_bodiesphp 73 Unless otherwise specified the inspection shall be carried out as per the relevant

standards scope of inspection provided alongwith the Tender EnquiryPurchase Order 74 BPCL may at its own expense have its representative(s) witness any test or inspection In

order to enable BPCLrsquos representative(s) to witness the tests inspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections

75 Even if the inspection and tests are fully carried out the Vendor shall not be absolved from

its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendorrsquos responsibility shall also not be anywise reduced or discharged because BPCL or BPCLrsquos representative(s) or Inspector(s) shall have examined commented on the Vendorrsquos drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s)

76 Although material approved by the Inspector(s) if on testing and inspection after receipt

of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

8 SHIPPING 81 SEA SHIPMENT All shipment of materials shall be made by first class direct vessels

through the chartering wing Ministry of Surface Transport as per procedure detailed hereunder The Foreign Supplier shall arrange with Vessels Owners or Forwarding Agents for proper storage of the entire Cargo intended for the project in a specific manner so as to faciliate and to avoid any over carriage at the port of discharge All shipment shall be under deck unless carriage on deck is unavoidable

The bills of lading should be made out in favour of `Bharat Petroleum Corporation Limited

or order

All columns in the body of the Bill of Lading namely marks and nos material description weight particulars etc should be uniform and accurate and such statements should be uniform in all the shipping documents The freight particulars should mention the basis of freight tonnage heavy lift charges if any surcharge discount etc clearly and separately The net total freight payable shall be shown at the bottom

SHIPPING DOCUMENTS All documents viz Bill of Lading invoices packing list freight

memos country of origin certificates test certificate drawings and catalogues should be in English language

20 | P a g e

In addition of the bill of lading which should be obtained in three stamped original plus as

many copies as required invoices packing list freight memos (if the freight particulars are not shown in the bills of lading) country of origin certificate test composition certificate shall be made out against each shipment in as many number of copies as shown below

The bill of lading invoice and packing list specifically shall show uniformly the mark and

numbers contents case wise country of origin consignees name port of destination and all other particulars as indicated under clause 2 The invoice shall show the unit rates and net total FOB prices Items packed separately should also be invoiced and the value shown accordingly Packing list must show apart from other particulars actual contents in each case net and gross weights and dimensions and the total number of packages All documents should be duly signed by the Vendorrsquos authorised representatives

In the case of FOB orders shipping arrangements shall be made by the Chartering Wing of

the Ministry of Surface Transport New Delhi through their respective forwarding agents The names and addresses of forwarding agents shall be as per Special Purchase Conditions Supplier shall furnish to the respective agents the full details of consignments such as outside dimension weights (both gross and net) No of packages technical description and drawings name of supplier ports of loading etc 6-weeks notice shall be given by the supplier to enable the concerned agency to arrange shipping space

The bill of lading shall indicate the following Shipper Government of India Consignee Bharat Petroleum Corporation Limited In case of supplies from USA Export Licences if any required from the American

Authorities shall be obtained by the US Suppliers If need be assistance for obtaining such export licences would be available from India Supply Mission at Washington

82 AIRSHIPMENT In case of Airshipment the materials shall be shipped through freight

consolidator (approved by us) The airway bill shall be made out in favour of BHARAT PETROLEUM CORPORATION LIMITED

TRANSMISSION OF SHIPPING DOCUMENTS Foreign Supplier shall obtain the shipping

documents in seven complete sets including three original stamped copies of the Bill of Lading as quickly as possible after the shipment is made and airmail as shown below so that they are received at least three weeks before the Vessels arrival Foreign Supplier shall be fully responsible or any delay and or demurrage in clearance of the consignment at the port due to delay in transmittal of the shipping documents

If in terms of letter or otherwise the complete original set of documents are required to

be sent to BPCL through Bank the distribution indicated below will confine to copies of documents only minus originals

Documents BPCL (Mumbai) Bill of Lading 4 (including 1 original) Invoice 4

21 | P a g e

Packing List 4 Freight Memo 4 Country of Origin Certificate 4 Third party inspection certificate 4 Drawing 4 Catalogue 4 Invoice of Third Party 4 for inspection charges whenever applicable

9 INDIAN AGENT COMMISSION

Any offer through Indian agents will be considered only after authorization mentioning them as Indian agents is received from Vendor Indian agents commission if applicable will be payable only in Indian currency Indian agents should be registered with Directorate General of Supplies and Disposals Government of India and agency commission will be payable only after registration with DGSampD New Delhi

10 ORDER AWARD EVALUATION CRITERIA

Unless otherwise specified Order award criteria will be on lowest quote landed price basis Landed price will be summation of Basic Price Packing amp Forwarding Charges Excise Duty Sales Tax Freight Inspection Octroi Supervision of Installation amp Commissioning and other taxes amp levies loading etc if any reduced by cenvatvat credit as applicable

11 CONFIRMATION OF ORDER

The vendor shall acknowledge the receipt of the purchase order within 10 days of mailing the same The vendor shall sign stamp the acknowledgement copy of the purchase order and return the same to BPCL

12 PAYMENT TERMS 121 Unless otherwise specified 100 payment shall be made within 30 days from date of

receipt and acceptance of materials at Site against submission of Peformance Bank Guarantee (PBG) for 10 of basic order value if PBG is applicable for the tender

122 In the case of imports payment will be made on submission of original documents directly

to Owner (Telegraphic Transfer-TT) or through Bank (Cash against documents-CAD) or through Irrevocable Letter of Credit

123 Unless otherwise mentioned the specified documents (All documents listed below (one

original and two copies) should be submitted to originator of PO (the name and contact details of whom are given in PO) and payments for despatches will be made by the originator of Purchase Order a) Invoice b) Excise invoice c) The Lorry Receipt of the consignment d) Packing list for the consignment e) Third Party Inspectorrsquos Certificate covering the invoiced Material(s) Release Note

wherever applicable f) Manufacturers TestComposition Certificate wherever applicable g) Drawing(s)Catalogue(s) covering the Material(s) wherever applicable h) GuaranteeWarranty Certificate(s) wherever applicable i) Original Receipt for Octroiother statutory levies as applicable

22 | P a g e

j) Performance Bank Guarantee as applicable 13 GUARANTEE WARRANTY 131 Materials shall be guaranteed against manufacturing defects materials workmanship

and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier Warranty for replacement of material accessories should be provided free of charges at our premises The above guaranteewarranty will be without prejudice to the certificate of inspection or material receipt note issued by us in respect of the materials In case the defect arises within the abovementioned Defect Liability Period (DLP) and the same is repairedreplaced the DLP for the repairedreplaced jobitem will be extended suitably so as to cover the original DLP However in no case such extension will exceed 24 months from date of start of initial DLP

132 All the materials including components and sub contracted items should be guaranteed by

the vendor within the warranty period mentioned above In the event of any defect in the material the vendor will replace repair the material at BPCLrsquos concerned location at vendorrsquos risk and cost on due notice

133 In case vendor does not replace repair the material on due notice rejected material will

be sent to the vendor on ldquoFreight to payrdquo basis for free replacement Material after rectification of defects shall be dispatched by the vendor on ldquoFreight Paidrdquo basis Alternatively BPCL reserves the right to have the material repaired replaced at the locations concerned at the vendorrsquos risk cost and responsibility

134 The Vendor shall provide similar warrantee on the parts components fittings accessories

etc so repaired and or replaced 14 PERFORMANCE BANK GUARANTEES 141 Vendor will have to provide Performance Bank Guarantee for 10 of the basic value of

purchase order unless otherwise specified This bank guarantee shall be valid (shall remain in force) for guarantee period (as mentioned in the guarantee clause) with an invocation period of six months thereafter In the case of Indigenous vendors the Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100) PBG format is as per Annexure-I

In case PBG is not provided by the Vendor 10 of the basic value shall be retained in lieu of PBG till the expiry of guarantee and claim period

In the case of imports the Supplier shall furnish the Performance Bank Guarantee (as per Annexure-I) through the following

(a) Branches of Indian scheduled banks operating in their Country (b) Foreign bank operating in their Country which is counter guaranteed by branches of

Indian scheduled banks operating in their Country India (c) Indian branches of foreign banks (d) Foreign bank operating in their Country counter guaranteed by their Indian branch

23 | P a g e

However in respect of (c) and (d) above the Indian branch of foreign banks should be recognized as scheduled bank by Reserve Bank of India

142 If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG (ie

PBG issued against every purchase call off order) then the validity of PBG will be calculated as mentioned below

1421 Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate Contract

Period (validity of Rate Contract) + Contractual Delivery Period of material + Contractual Guarantee period + 6 month (for invocation Claim)

143 You may use following Bank details for SFMS PBG

Name of Bank State Bank of India Branch CAG Branch Mumbai Account No 11083980831 IFSC Code SBIN0009995

15 PACKING amp MARKING 151 PACKING 1511 Packing shall withstand the hazards normally encountered with the means of transport for

the goods of this purchase order including loading and unloading operation both by crane and by pushing off

In the case of imports all equipments materials shall be suitably packed in weather proof

seaworthy packing for ocean transport under tropical conditions and for rail or road or other appropriate transport in India The packing shall be strong and efficient enough to ensure safe preservance upto the final point of destination

RawSolid wood packaging material of imported items has to be appropriately treated amp

marked as per International Standard of Phytosanitary Measures (ISPM-15) for material originating from the contracting countries to the International Plant Protection Convention or the members of Food amp Agriculture Organization Material from non-contracting parties would have to be accompanied by a phytosanitary certificate of the treatment endorsed The Custom Officer at Indian Port shall not release the material without appropriate compliance of the above provisions wef 01112004

1512 The packing specification incorporated herein are supplementary to the internal and

external packing methods and standards as per current general rules of JRA Good Tariff Part-I All packaging shall be done in such a manner as to reduce volume as much as possible

1513 Fragile articles should be packed with special packing materials depending on the type of

Materials and the packing shall bear the words HANDLE WITH CARE GLASS FRAGILE DONT ROLL THIS END UP THIS END DOWN to be indicated by arrow

1514 Chemicals in powder form catalyst refractories and like materials etc shall be packed in

drums cans and tins only However Catalyst may be supplied in Jumbo bags

24 | P a g e

1515 The hazardous materials shall be packed in accordance with the applicable rules regulations and tariff of all cognizant Government Authorities and other Governing bodies It shall be the responsibility of the seller of hazardous materials to designate the material as hazardous and to identify each material by its proper commodity name and its hazardous material class code

1516 All packages requiring handling by crane should have sufficient space at appropriate place

to put sling of suitable dia (strength) IronSteel angle should be provided at the place where sling marking are made to avoid damage to package equipment while lifting

1517 Item shipped in bundles must be securely tied with steel wire or strapping Steel reinforcing

rods bars pipes structural members etc shall be bundled in uniform lengths and the weight shall be within the breaking strength of the securing wire or strapping

In the case of imports for bundles the shipping marks shall be embossed on metal or

similar tag and wired securely on each end 1518 All delicate surfaces on equipment materials should be carefully protected and printed

with protective paintcompound and wrapped to prevent rusting and damage 1519 All mechanical and electrical equipment and other heavy articles shall be securely fastened

to the case bottom and shall be blocked and braced to avoid any displacement shifting during transit

15110 Attachments and spare parts of equipment and all small pieces shall be packed separately

in wooden cases with adequate protection inside the case and wherever possible should be sent along with the main equipment Each item shall be suitably tagged with identification of main equipment item denomination and reference number of respective assembly drawing Each item of steel structure and furnaces shall be identified with two erection markings with minimum lettering height of 15mm Such markings will be followed by the collection numbers in indelible inkpaint A copy of the packing list shall accompany the materials in each package

15111 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted

wooden disc on the flanges All nozzles holes and openings and also all delicate surfaces shall be carefully protected against damage and bad weather All manufactured surfaces shall be painted with rust proof paint

In the case of imports for bulk uniform material when packed in several cases progressive

serial numbers shall be indicated on each case 15112 Wherever required equipment materials instruments shall be enveloped in polythene

bags containing silicagel or similar dehydrating compound

15113 Pipes shall be packed as under (a) Upto 50mm NB in wooden cases crates (b) Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimum

three places (c) Above 100mm NB in loose

25 | P a g e

15114 Pipes and tubes of stainless steel copper etc shall be packed in wooden cases irrespective of their sizes

15115 Pipes with threaded or flanged ends shall be protected with suitable caps covers before

packing In the case of imports all pipes and sheets shall be marked with strips bearing progressive no

15116 Detailed packing list in waterproof envelope shall be inserted in the package together with

equipmentmaterials One copy of the detailed packing list shall be fastened outside of the package in waterproof envelope and covered by metal cover

15117 The supplier shall be held liable for all damages or breakages to the goods due to the

defective or insufficient packing as well as for corrosion due to insufficient protection 15118 Packaged equipment or materials showing damage defects or shortages resulting from

improper packaging materials or packing procedures or having concealed damages or shortages at the time of unpacking shall be to the supplierrsquos account

All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearly indicated and marked ldquoATTENTION SPECIAL LOAD HANDLE WITH CARErdquo both in English Hindi Languages

In the case of imports a distinct colour splash in say red black around each package crate

bundle shall be given for identification 15119 Along with the packed material supplier should attach material list manualsinstructions

and also the Inspection certificate release note wherever applicable 152 MARKING The following details to be written on the side face of packing

a) Purchase Order Number b) Vendor Name c) Batch no with manufacturing date d) Procedure (in brief) for handling e) Date of dispatch etc

153 IMPORTED ITEMS On three sides of the packages the following marks shall appear clearly

visible with indelible paint and on Vendors care and expenses

BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions) From To Bharat Petroleum Corporation Limited (With detailed address as given in Special Purchase Conditions) Order No Rev No Item Equipment Nomenclature Net weight Kgs

26 | P a g e

Gross weight Kgs Case No of Total cases Dimensions Import License No NOTE Marking shall be bold - minimum letter height 5 cm For every order and every shipment packages must be marked with serial progressive numbering Top heavy containers shall be so marked either Top Heavy or Heavy Ends When packing material is clean and light coloured a dark black stencil paint shall be acceptable However where packaging material is soiled or dark a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings In case of large equipments like vessels heat exchangers etc the envelope containing the documents shall be fastened inside a shell connection with an identifying arrow sign documents using indelible paint

16 DELIVERY 161 Unless otherwise mentioned Vendor is requested to quote their best delivery schedule

from the date of receipt of Purchase order 162 Time being the essence of this contract the delivery mentioned in the purchase order shall

be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner Goods should be delivered securely packed and in good order and condition at the place of delivery and within the time specified in the purchase order for their delivery

163 The contractual delivery period is inclusive of all the lead time for engineering

procurement of raw material the manufacturing inspection testing packing transportation or any other activity whatsoever required to be accomplished for affecting the delivery at the required delivery point

164 Unless otherwise specified Material(s) shall not be despatched without prior inspection

andor testing and Release OrderMaterial(s) Acceptance Certificate issued by the Inspector(s)

165 BPCL shall have the right to advise any change in despatch point or destination in respect

of any Material(s) Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence will be reimbursed to the Vendor by BPCL

17 UNLOADING AND STACKING

Unloading and stacking will be arranged by BPCL The Vendor shall send BPCL information of the proposed consignment well in advance by telegramfaxe-mailcourier to enable BPCL to take necessary action

18 TRANSIT INSURANCE

27 | P a g e

Unless otherwise mentioned 181 Transit Insurance shall be in the vendorrsquos scope in the case of inland transportation of

goods 182 In the case of imports insurance against all marine and transit risk shall be covered under

the Owners marine policy However the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carriers responsibility is fully retained on the Carriers so that the consignees interests are fully secured and are in no way jeopardized

182 The Vendor shall send BPCL information of the proposed consignment well in advance by

faxe-mailcourier to enable BPCL to take necessary action for the transit insurance of the consignment Any failure by the Vendor to do so shall place the consignment at the Vendorrsquos risk

183 In the case of imports as soon as any shipment is made the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Limited (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments vessels name port of shipment bill of lading number and date total FOB and freight value

19 VALIDITY OF OFFER

The rates quoted against this tender shall be valid for a period of 180 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions

20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 201 The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered

to on the clear understanding that the Price(s) of the Material(s) hashave been fixed with reference to the said Delivery date(s)

202 If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them

beyond the stipulated date(s) of Delivery the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay and shall promptly keep BPCL informed of all subsequent developments

203 The delivery period quoted must be realistic amp specific The inability of successful Vendors

to execute orders in accordance with the agreed delivery schedule will entitle BPCL at its options to

2031 Accept delayed delivery at prices reduced by a sum equivalent to half percent (05) of the

basic value of any goods not delivered for every week of delay or part thereof limited to a maximum of 5 of the total basic order value LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract Date of receipt of materials at ownerrsquos premises shall be considered for calculation of price reduction for FOR destination contract

In the case of imports the contractual delivery date shall be considered from the date of Letter of Credit (LC) or the date of LC amendment because of Buyerrsquos fault plus one week

28 | P a g e

(to take care of transit time for receipt of LC) plus the delivery schedule as indicated by the vendors

In case of the shipment taking place on ldquoCash against documentsrdquo the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period

Further the date of BL or House airway bill shall be considered to find out the delay with respect to contractual delivery date In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any So vendor shall inform the readiness of material for shipment on FOB (Free on Board) basis FCA (Free on Carrier) basis

2032 Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor without prejudice to its right under 2031 above in respect of goods delivered

21 RISK PURCHASE CLAUSE

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms amp conditions of the order BPCL also reserves the right to procure the same or similar materialsequipment through other sources at vendors entire risk cost and consequences Further the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement

22 FORCE MAJEURE Circumstances leading to force majeure (a) Act of terrorism

(b) Riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection of military or usurped power (c) Ionising radiation or contamination radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component

(d) epidemics earthquakes flood fire hurricanes typhoons or other physical natural disaster but excluding weather conditions regardless of severity and

(e) freight embargoes strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract For the avoidance of doubt inclement weather third party breach delay in supply of materials (other than due to a nationwide transportersrsquo strike) or commercial hardship shall not constitute a Force Majeure event bull Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

18 | P a g e

64 FREIGHT AND OCTROI 641 Freight Firm freight charges to be quoted as indicated in the Tender documents Freight

shall be payable after receipt of the Material(s) at the site unless otherwise specified 642 Octroi and entry taxes if any shall be invoiced separately and shall be re-imbursed by BPCL

at actuals after receipt of the Material(s) at the Site against the submission of original documentary evidence for proof of payment of the related octroi and entry taxes as the case may be

65 NEW STATUTORY LEVIES All new statutory levies leviable on sale of finished goods to

owner if applicable are payable extra by BPCL against documentary proof within the contractual delivery period

66 VARIATION IN TAXES DUTIES Any increasedecrease in all the above mentioned

statutory levies on the date of delivery during the scheduled delivery period on finished materials will be on BPCLs account Any upward variation in statutory levies after contractual delivery date shall be to vendorrsquos account

67 INCOME TAX (WITHHOLDING TAX) In the case of availment of services from Non Resident

Vendors who are claiming benefits offered under the Double Taxation Avoidance Agreements signed by India with the Government of the other country (ie the country of the Vendor) such Non Resident Vendors are required to provide the Tax Residency Certificates at the time of submission of Bid documents The Tax Residency Certificates shall contain the following details

a) Name of Vendor (assessee) b) Status (Individual Company firm etc) of assessee c) Nationality (in case of individual) d) Country or specified territory of incorporation or registration (in case of others) e) Assessee lsquos tax identification number in the country or specified territory of residence

or in case no such number then a unique number on the basis of which the person is identified by the Government of the country or the specified territory

f) Residential status for the purpose of tax g) Period for which the certificate is applicable and h) Address of the applicant for the period for which the certificate is applicable

The Tax Residency Certificate shall be duly verified by the Government of the Country or the specified territory of the assessee of which the assessee claims to be a resident for the purposes of tax

7 INSPECTION 71 Materials shall be inspected by BPCL approved third party inspection agency if applicable

before dispatch of materials However arranging and providing inspection facilities is entirely vendorrsquos responsibility and in no way shall affect the delivery schedule

72 Scope of Inspection shall be as per RFQ Materials shall be inspected as per scope of

inspection by TPIAs which are registered under ldquoNABCB accredited bodies as per

19 | P a g e

requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of Goods The link is a below

httpnabcbqciorginaccreditationreg_bod_inspection_bodiesphp 73 Unless otherwise specified the inspection shall be carried out as per the relevant

standards scope of inspection provided alongwith the Tender EnquiryPurchase Order 74 BPCL may at its own expense have its representative(s) witness any test or inspection In

order to enable BPCLrsquos representative(s) to witness the tests inspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections

75 Even if the inspection and tests are fully carried out the Vendor shall not be absolved from

its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendorrsquos responsibility shall also not be anywise reduced or discharged because BPCL or BPCLrsquos representative(s) or Inspector(s) shall have examined commented on the Vendorrsquos drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s)

76 Although material approved by the Inspector(s) if on testing and inspection after receipt

of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

8 SHIPPING 81 SEA SHIPMENT All shipment of materials shall be made by first class direct vessels

through the chartering wing Ministry of Surface Transport as per procedure detailed hereunder The Foreign Supplier shall arrange with Vessels Owners or Forwarding Agents for proper storage of the entire Cargo intended for the project in a specific manner so as to faciliate and to avoid any over carriage at the port of discharge All shipment shall be under deck unless carriage on deck is unavoidable

The bills of lading should be made out in favour of `Bharat Petroleum Corporation Limited

or order

All columns in the body of the Bill of Lading namely marks and nos material description weight particulars etc should be uniform and accurate and such statements should be uniform in all the shipping documents The freight particulars should mention the basis of freight tonnage heavy lift charges if any surcharge discount etc clearly and separately The net total freight payable shall be shown at the bottom

SHIPPING DOCUMENTS All documents viz Bill of Lading invoices packing list freight

memos country of origin certificates test certificate drawings and catalogues should be in English language

20 | P a g e

In addition of the bill of lading which should be obtained in three stamped original plus as

many copies as required invoices packing list freight memos (if the freight particulars are not shown in the bills of lading) country of origin certificate test composition certificate shall be made out against each shipment in as many number of copies as shown below

The bill of lading invoice and packing list specifically shall show uniformly the mark and

numbers contents case wise country of origin consignees name port of destination and all other particulars as indicated under clause 2 The invoice shall show the unit rates and net total FOB prices Items packed separately should also be invoiced and the value shown accordingly Packing list must show apart from other particulars actual contents in each case net and gross weights and dimensions and the total number of packages All documents should be duly signed by the Vendorrsquos authorised representatives

In the case of FOB orders shipping arrangements shall be made by the Chartering Wing of

the Ministry of Surface Transport New Delhi through their respective forwarding agents The names and addresses of forwarding agents shall be as per Special Purchase Conditions Supplier shall furnish to the respective agents the full details of consignments such as outside dimension weights (both gross and net) No of packages technical description and drawings name of supplier ports of loading etc 6-weeks notice shall be given by the supplier to enable the concerned agency to arrange shipping space

The bill of lading shall indicate the following Shipper Government of India Consignee Bharat Petroleum Corporation Limited In case of supplies from USA Export Licences if any required from the American

Authorities shall be obtained by the US Suppliers If need be assistance for obtaining such export licences would be available from India Supply Mission at Washington

82 AIRSHIPMENT In case of Airshipment the materials shall be shipped through freight

consolidator (approved by us) The airway bill shall be made out in favour of BHARAT PETROLEUM CORPORATION LIMITED

TRANSMISSION OF SHIPPING DOCUMENTS Foreign Supplier shall obtain the shipping

documents in seven complete sets including three original stamped copies of the Bill of Lading as quickly as possible after the shipment is made and airmail as shown below so that they are received at least three weeks before the Vessels arrival Foreign Supplier shall be fully responsible or any delay and or demurrage in clearance of the consignment at the port due to delay in transmittal of the shipping documents

If in terms of letter or otherwise the complete original set of documents are required to

be sent to BPCL through Bank the distribution indicated below will confine to copies of documents only minus originals

Documents BPCL (Mumbai) Bill of Lading 4 (including 1 original) Invoice 4

21 | P a g e

Packing List 4 Freight Memo 4 Country of Origin Certificate 4 Third party inspection certificate 4 Drawing 4 Catalogue 4 Invoice of Third Party 4 for inspection charges whenever applicable

9 INDIAN AGENT COMMISSION

Any offer through Indian agents will be considered only after authorization mentioning them as Indian agents is received from Vendor Indian agents commission if applicable will be payable only in Indian currency Indian agents should be registered with Directorate General of Supplies and Disposals Government of India and agency commission will be payable only after registration with DGSampD New Delhi

10 ORDER AWARD EVALUATION CRITERIA

Unless otherwise specified Order award criteria will be on lowest quote landed price basis Landed price will be summation of Basic Price Packing amp Forwarding Charges Excise Duty Sales Tax Freight Inspection Octroi Supervision of Installation amp Commissioning and other taxes amp levies loading etc if any reduced by cenvatvat credit as applicable

11 CONFIRMATION OF ORDER

The vendor shall acknowledge the receipt of the purchase order within 10 days of mailing the same The vendor shall sign stamp the acknowledgement copy of the purchase order and return the same to BPCL

12 PAYMENT TERMS 121 Unless otherwise specified 100 payment shall be made within 30 days from date of

receipt and acceptance of materials at Site against submission of Peformance Bank Guarantee (PBG) for 10 of basic order value if PBG is applicable for the tender

122 In the case of imports payment will be made on submission of original documents directly

to Owner (Telegraphic Transfer-TT) or through Bank (Cash against documents-CAD) or through Irrevocable Letter of Credit

123 Unless otherwise mentioned the specified documents (All documents listed below (one

original and two copies) should be submitted to originator of PO (the name and contact details of whom are given in PO) and payments for despatches will be made by the originator of Purchase Order a) Invoice b) Excise invoice c) The Lorry Receipt of the consignment d) Packing list for the consignment e) Third Party Inspectorrsquos Certificate covering the invoiced Material(s) Release Note

wherever applicable f) Manufacturers TestComposition Certificate wherever applicable g) Drawing(s)Catalogue(s) covering the Material(s) wherever applicable h) GuaranteeWarranty Certificate(s) wherever applicable i) Original Receipt for Octroiother statutory levies as applicable

22 | P a g e

j) Performance Bank Guarantee as applicable 13 GUARANTEE WARRANTY 131 Materials shall be guaranteed against manufacturing defects materials workmanship

and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier Warranty for replacement of material accessories should be provided free of charges at our premises The above guaranteewarranty will be without prejudice to the certificate of inspection or material receipt note issued by us in respect of the materials In case the defect arises within the abovementioned Defect Liability Period (DLP) and the same is repairedreplaced the DLP for the repairedreplaced jobitem will be extended suitably so as to cover the original DLP However in no case such extension will exceed 24 months from date of start of initial DLP

132 All the materials including components and sub contracted items should be guaranteed by

the vendor within the warranty period mentioned above In the event of any defect in the material the vendor will replace repair the material at BPCLrsquos concerned location at vendorrsquos risk and cost on due notice

133 In case vendor does not replace repair the material on due notice rejected material will

be sent to the vendor on ldquoFreight to payrdquo basis for free replacement Material after rectification of defects shall be dispatched by the vendor on ldquoFreight Paidrdquo basis Alternatively BPCL reserves the right to have the material repaired replaced at the locations concerned at the vendorrsquos risk cost and responsibility

134 The Vendor shall provide similar warrantee on the parts components fittings accessories

etc so repaired and or replaced 14 PERFORMANCE BANK GUARANTEES 141 Vendor will have to provide Performance Bank Guarantee for 10 of the basic value of

purchase order unless otherwise specified This bank guarantee shall be valid (shall remain in force) for guarantee period (as mentioned in the guarantee clause) with an invocation period of six months thereafter In the case of Indigenous vendors the Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100) PBG format is as per Annexure-I

In case PBG is not provided by the Vendor 10 of the basic value shall be retained in lieu of PBG till the expiry of guarantee and claim period

In the case of imports the Supplier shall furnish the Performance Bank Guarantee (as per Annexure-I) through the following

(a) Branches of Indian scheduled banks operating in their Country (b) Foreign bank operating in their Country which is counter guaranteed by branches of

Indian scheduled banks operating in their Country India (c) Indian branches of foreign banks (d) Foreign bank operating in their Country counter guaranteed by their Indian branch

23 | P a g e

However in respect of (c) and (d) above the Indian branch of foreign banks should be recognized as scheduled bank by Reserve Bank of India

142 If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG (ie

PBG issued against every purchase call off order) then the validity of PBG will be calculated as mentioned below

1421 Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate Contract

Period (validity of Rate Contract) + Contractual Delivery Period of material + Contractual Guarantee period + 6 month (for invocation Claim)

143 You may use following Bank details for SFMS PBG

Name of Bank State Bank of India Branch CAG Branch Mumbai Account No 11083980831 IFSC Code SBIN0009995

15 PACKING amp MARKING 151 PACKING 1511 Packing shall withstand the hazards normally encountered with the means of transport for

the goods of this purchase order including loading and unloading operation both by crane and by pushing off

In the case of imports all equipments materials shall be suitably packed in weather proof

seaworthy packing for ocean transport under tropical conditions and for rail or road or other appropriate transport in India The packing shall be strong and efficient enough to ensure safe preservance upto the final point of destination

RawSolid wood packaging material of imported items has to be appropriately treated amp

marked as per International Standard of Phytosanitary Measures (ISPM-15) for material originating from the contracting countries to the International Plant Protection Convention or the members of Food amp Agriculture Organization Material from non-contracting parties would have to be accompanied by a phytosanitary certificate of the treatment endorsed The Custom Officer at Indian Port shall not release the material without appropriate compliance of the above provisions wef 01112004

1512 The packing specification incorporated herein are supplementary to the internal and

external packing methods and standards as per current general rules of JRA Good Tariff Part-I All packaging shall be done in such a manner as to reduce volume as much as possible

1513 Fragile articles should be packed with special packing materials depending on the type of

Materials and the packing shall bear the words HANDLE WITH CARE GLASS FRAGILE DONT ROLL THIS END UP THIS END DOWN to be indicated by arrow

1514 Chemicals in powder form catalyst refractories and like materials etc shall be packed in

drums cans and tins only However Catalyst may be supplied in Jumbo bags

24 | P a g e

1515 The hazardous materials shall be packed in accordance with the applicable rules regulations and tariff of all cognizant Government Authorities and other Governing bodies It shall be the responsibility of the seller of hazardous materials to designate the material as hazardous and to identify each material by its proper commodity name and its hazardous material class code

1516 All packages requiring handling by crane should have sufficient space at appropriate place

to put sling of suitable dia (strength) IronSteel angle should be provided at the place where sling marking are made to avoid damage to package equipment while lifting

1517 Item shipped in bundles must be securely tied with steel wire or strapping Steel reinforcing

rods bars pipes structural members etc shall be bundled in uniform lengths and the weight shall be within the breaking strength of the securing wire or strapping

In the case of imports for bundles the shipping marks shall be embossed on metal or

similar tag and wired securely on each end 1518 All delicate surfaces on equipment materials should be carefully protected and printed

with protective paintcompound and wrapped to prevent rusting and damage 1519 All mechanical and electrical equipment and other heavy articles shall be securely fastened

to the case bottom and shall be blocked and braced to avoid any displacement shifting during transit

15110 Attachments and spare parts of equipment and all small pieces shall be packed separately

in wooden cases with adequate protection inside the case and wherever possible should be sent along with the main equipment Each item shall be suitably tagged with identification of main equipment item denomination and reference number of respective assembly drawing Each item of steel structure and furnaces shall be identified with two erection markings with minimum lettering height of 15mm Such markings will be followed by the collection numbers in indelible inkpaint A copy of the packing list shall accompany the materials in each package

15111 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted

wooden disc on the flanges All nozzles holes and openings and also all delicate surfaces shall be carefully protected against damage and bad weather All manufactured surfaces shall be painted with rust proof paint

In the case of imports for bulk uniform material when packed in several cases progressive

serial numbers shall be indicated on each case 15112 Wherever required equipment materials instruments shall be enveloped in polythene

bags containing silicagel or similar dehydrating compound

15113 Pipes shall be packed as under (a) Upto 50mm NB in wooden cases crates (b) Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimum

three places (c) Above 100mm NB in loose

25 | P a g e

15114 Pipes and tubes of stainless steel copper etc shall be packed in wooden cases irrespective of their sizes

15115 Pipes with threaded or flanged ends shall be protected with suitable caps covers before

packing In the case of imports all pipes and sheets shall be marked with strips bearing progressive no

15116 Detailed packing list in waterproof envelope shall be inserted in the package together with

equipmentmaterials One copy of the detailed packing list shall be fastened outside of the package in waterproof envelope and covered by metal cover

15117 The supplier shall be held liable for all damages or breakages to the goods due to the

defective or insufficient packing as well as for corrosion due to insufficient protection 15118 Packaged equipment or materials showing damage defects or shortages resulting from

improper packaging materials or packing procedures or having concealed damages or shortages at the time of unpacking shall be to the supplierrsquos account

All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearly indicated and marked ldquoATTENTION SPECIAL LOAD HANDLE WITH CARErdquo both in English Hindi Languages

In the case of imports a distinct colour splash in say red black around each package crate

bundle shall be given for identification 15119 Along with the packed material supplier should attach material list manualsinstructions

and also the Inspection certificate release note wherever applicable 152 MARKING The following details to be written on the side face of packing

a) Purchase Order Number b) Vendor Name c) Batch no with manufacturing date d) Procedure (in brief) for handling e) Date of dispatch etc

153 IMPORTED ITEMS On three sides of the packages the following marks shall appear clearly

visible with indelible paint and on Vendors care and expenses

BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions) From To Bharat Petroleum Corporation Limited (With detailed address as given in Special Purchase Conditions) Order No Rev No Item Equipment Nomenclature Net weight Kgs

26 | P a g e

Gross weight Kgs Case No of Total cases Dimensions Import License No NOTE Marking shall be bold - minimum letter height 5 cm For every order and every shipment packages must be marked with serial progressive numbering Top heavy containers shall be so marked either Top Heavy or Heavy Ends When packing material is clean and light coloured a dark black stencil paint shall be acceptable However where packaging material is soiled or dark a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings In case of large equipments like vessels heat exchangers etc the envelope containing the documents shall be fastened inside a shell connection with an identifying arrow sign documents using indelible paint

16 DELIVERY 161 Unless otherwise mentioned Vendor is requested to quote their best delivery schedule

from the date of receipt of Purchase order 162 Time being the essence of this contract the delivery mentioned in the purchase order shall

be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner Goods should be delivered securely packed and in good order and condition at the place of delivery and within the time specified in the purchase order for their delivery

163 The contractual delivery period is inclusive of all the lead time for engineering

procurement of raw material the manufacturing inspection testing packing transportation or any other activity whatsoever required to be accomplished for affecting the delivery at the required delivery point

164 Unless otherwise specified Material(s) shall not be despatched without prior inspection

andor testing and Release OrderMaterial(s) Acceptance Certificate issued by the Inspector(s)

165 BPCL shall have the right to advise any change in despatch point or destination in respect

of any Material(s) Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence will be reimbursed to the Vendor by BPCL

17 UNLOADING AND STACKING

Unloading and stacking will be arranged by BPCL The Vendor shall send BPCL information of the proposed consignment well in advance by telegramfaxe-mailcourier to enable BPCL to take necessary action

18 TRANSIT INSURANCE

27 | P a g e

Unless otherwise mentioned 181 Transit Insurance shall be in the vendorrsquos scope in the case of inland transportation of

goods 182 In the case of imports insurance against all marine and transit risk shall be covered under

the Owners marine policy However the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carriers responsibility is fully retained on the Carriers so that the consignees interests are fully secured and are in no way jeopardized

182 The Vendor shall send BPCL information of the proposed consignment well in advance by

faxe-mailcourier to enable BPCL to take necessary action for the transit insurance of the consignment Any failure by the Vendor to do so shall place the consignment at the Vendorrsquos risk

183 In the case of imports as soon as any shipment is made the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Limited (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments vessels name port of shipment bill of lading number and date total FOB and freight value

19 VALIDITY OF OFFER

The rates quoted against this tender shall be valid for a period of 180 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions

20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 201 The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered

to on the clear understanding that the Price(s) of the Material(s) hashave been fixed with reference to the said Delivery date(s)

202 If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them

beyond the stipulated date(s) of Delivery the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay and shall promptly keep BPCL informed of all subsequent developments

203 The delivery period quoted must be realistic amp specific The inability of successful Vendors

to execute orders in accordance with the agreed delivery schedule will entitle BPCL at its options to

2031 Accept delayed delivery at prices reduced by a sum equivalent to half percent (05) of the

basic value of any goods not delivered for every week of delay or part thereof limited to a maximum of 5 of the total basic order value LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract Date of receipt of materials at ownerrsquos premises shall be considered for calculation of price reduction for FOR destination contract

In the case of imports the contractual delivery date shall be considered from the date of Letter of Credit (LC) or the date of LC amendment because of Buyerrsquos fault plus one week

28 | P a g e

(to take care of transit time for receipt of LC) plus the delivery schedule as indicated by the vendors

In case of the shipment taking place on ldquoCash against documentsrdquo the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period

Further the date of BL or House airway bill shall be considered to find out the delay with respect to contractual delivery date In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any So vendor shall inform the readiness of material for shipment on FOB (Free on Board) basis FCA (Free on Carrier) basis

2032 Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor without prejudice to its right under 2031 above in respect of goods delivered

21 RISK PURCHASE CLAUSE

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms amp conditions of the order BPCL also reserves the right to procure the same or similar materialsequipment through other sources at vendors entire risk cost and consequences Further the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement

22 FORCE MAJEURE Circumstances leading to force majeure (a) Act of terrorism

(b) Riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection of military or usurped power (c) Ionising radiation or contamination radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component

(d) epidemics earthquakes flood fire hurricanes typhoons or other physical natural disaster but excluding weather conditions regardless of severity and

(e) freight embargoes strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract For the avoidance of doubt inclement weather third party breach delay in supply of materials (other than due to a nationwide transportersrsquo strike) or commercial hardship shall not constitute a Force Majeure event bull Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

19 | P a g e

requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of Goods The link is a below

httpnabcbqciorginaccreditationreg_bod_inspection_bodiesphp 73 Unless otherwise specified the inspection shall be carried out as per the relevant

standards scope of inspection provided alongwith the Tender EnquiryPurchase Order 74 BPCL may at its own expense have its representative(s) witness any test or inspection In

order to enable BPCLrsquos representative(s) to witness the tests inspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections

75 Even if the inspection and tests are fully carried out the Vendor shall not be absolved from

its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendorrsquos responsibility shall also not be anywise reduced or discharged because BPCL or BPCLrsquos representative(s) or Inspector(s) shall have examined commented on the Vendorrsquos drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s)

76 Although material approved by the Inspector(s) if on testing and inspection after receipt

of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

8 SHIPPING 81 SEA SHIPMENT All shipment of materials shall be made by first class direct vessels

through the chartering wing Ministry of Surface Transport as per procedure detailed hereunder The Foreign Supplier shall arrange with Vessels Owners or Forwarding Agents for proper storage of the entire Cargo intended for the project in a specific manner so as to faciliate and to avoid any over carriage at the port of discharge All shipment shall be under deck unless carriage on deck is unavoidable

The bills of lading should be made out in favour of `Bharat Petroleum Corporation Limited

or order

All columns in the body of the Bill of Lading namely marks and nos material description weight particulars etc should be uniform and accurate and such statements should be uniform in all the shipping documents The freight particulars should mention the basis of freight tonnage heavy lift charges if any surcharge discount etc clearly and separately The net total freight payable shall be shown at the bottom

SHIPPING DOCUMENTS All documents viz Bill of Lading invoices packing list freight

memos country of origin certificates test certificate drawings and catalogues should be in English language

20 | P a g e

In addition of the bill of lading which should be obtained in three stamped original plus as

many copies as required invoices packing list freight memos (if the freight particulars are not shown in the bills of lading) country of origin certificate test composition certificate shall be made out against each shipment in as many number of copies as shown below

The bill of lading invoice and packing list specifically shall show uniformly the mark and

numbers contents case wise country of origin consignees name port of destination and all other particulars as indicated under clause 2 The invoice shall show the unit rates and net total FOB prices Items packed separately should also be invoiced and the value shown accordingly Packing list must show apart from other particulars actual contents in each case net and gross weights and dimensions and the total number of packages All documents should be duly signed by the Vendorrsquos authorised representatives

In the case of FOB orders shipping arrangements shall be made by the Chartering Wing of

the Ministry of Surface Transport New Delhi through their respective forwarding agents The names and addresses of forwarding agents shall be as per Special Purchase Conditions Supplier shall furnish to the respective agents the full details of consignments such as outside dimension weights (both gross and net) No of packages technical description and drawings name of supplier ports of loading etc 6-weeks notice shall be given by the supplier to enable the concerned agency to arrange shipping space

The bill of lading shall indicate the following Shipper Government of India Consignee Bharat Petroleum Corporation Limited In case of supplies from USA Export Licences if any required from the American

Authorities shall be obtained by the US Suppliers If need be assistance for obtaining such export licences would be available from India Supply Mission at Washington

82 AIRSHIPMENT In case of Airshipment the materials shall be shipped through freight

consolidator (approved by us) The airway bill shall be made out in favour of BHARAT PETROLEUM CORPORATION LIMITED

TRANSMISSION OF SHIPPING DOCUMENTS Foreign Supplier shall obtain the shipping

documents in seven complete sets including three original stamped copies of the Bill of Lading as quickly as possible after the shipment is made and airmail as shown below so that they are received at least three weeks before the Vessels arrival Foreign Supplier shall be fully responsible or any delay and or demurrage in clearance of the consignment at the port due to delay in transmittal of the shipping documents

If in terms of letter or otherwise the complete original set of documents are required to

be sent to BPCL through Bank the distribution indicated below will confine to copies of documents only minus originals

Documents BPCL (Mumbai) Bill of Lading 4 (including 1 original) Invoice 4

21 | P a g e

Packing List 4 Freight Memo 4 Country of Origin Certificate 4 Third party inspection certificate 4 Drawing 4 Catalogue 4 Invoice of Third Party 4 for inspection charges whenever applicable

9 INDIAN AGENT COMMISSION

Any offer through Indian agents will be considered only after authorization mentioning them as Indian agents is received from Vendor Indian agents commission if applicable will be payable only in Indian currency Indian agents should be registered with Directorate General of Supplies and Disposals Government of India and agency commission will be payable only after registration with DGSampD New Delhi

10 ORDER AWARD EVALUATION CRITERIA

Unless otherwise specified Order award criteria will be on lowest quote landed price basis Landed price will be summation of Basic Price Packing amp Forwarding Charges Excise Duty Sales Tax Freight Inspection Octroi Supervision of Installation amp Commissioning and other taxes amp levies loading etc if any reduced by cenvatvat credit as applicable

11 CONFIRMATION OF ORDER

The vendor shall acknowledge the receipt of the purchase order within 10 days of mailing the same The vendor shall sign stamp the acknowledgement copy of the purchase order and return the same to BPCL

12 PAYMENT TERMS 121 Unless otherwise specified 100 payment shall be made within 30 days from date of

receipt and acceptance of materials at Site against submission of Peformance Bank Guarantee (PBG) for 10 of basic order value if PBG is applicable for the tender

122 In the case of imports payment will be made on submission of original documents directly

to Owner (Telegraphic Transfer-TT) or through Bank (Cash against documents-CAD) or through Irrevocable Letter of Credit

123 Unless otherwise mentioned the specified documents (All documents listed below (one

original and two copies) should be submitted to originator of PO (the name and contact details of whom are given in PO) and payments for despatches will be made by the originator of Purchase Order a) Invoice b) Excise invoice c) The Lorry Receipt of the consignment d) Packing list for the consignment e) Third Party Inspectorrsquos Certificate covering the invoiced Material(s) Release Note

wherever applicable f) Manufacturers TestComposition Certificate wherever applicable g) Drawing(s)Catalogue(s) covering the Material(s) wherever applicable h) GuaranteeWarranty Certificate(s) wherever applicable i) Original Receipt for Octroiother statutory levies as applicable

22 | P a g e

j) Performance Bank Guarantee as applicable 13 GUARANTEE WARRANTY 131 Materials shall be guaranteed against manufacturing defects materials workmanship

and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier Warranty for replacement of material accessories should be provided free of charges at our premises The above guaranteewarranty will be without prejudice to the certificate of inspection or material receipt note issued by us in respect of the materials In case the defect arises within the abovementioned Defect Liability Period (DLP) and the same is repairedreplaced the DLP for the repairedreplaced jobitem will be extended suitably so as to cover the original DLP However in no case such extension will exceed 24 months from date of start of initial DLP

132 All the materials including components and sub contracted items should be guaranteed by

the vendor within the warranty period mentioned above In the event of any defect in the material the vendor will replace repair the material at BPCLrsquos concerned location at vendorrsquos risk and cost on due notice

133 In case vendor does not replace repair the material on due notice rejected material will

be sent to the vendor on ldquoFreight to payrdquo basis for free replacement Material after rectification of defects shall be dispatched by the vendor on ldquoFreight Paidrdquo basis Alternatively BPCL reserves the right to have the material repaired replaced at the locations concerned at the vendorrsquos risk cost and responsibility

134 The Vendor shall provide similar warrantee on the parts components fittings accessories

etc so repaired and or replaced 14 PERFORMANCE BANK GUARANTEES 141 Vendor will have to provide Performance Bank Guarantee for 10 of the basic value of

purchase order unless otherwise specified This bank guarantee shall be valid (shall remain in force) for guarantee period (as mentioned in the guarantee clause) with an invocation period of six months thereafter In the case of Indigenous vendors the Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100) PBG format is as per Annexure-I

In case PBG is not provided by the Vendor 10 of the basic value shall be retained in lieu of PBG till the expiry of guarantee and claim period

In the case of imports the Supplier shall furnish the Performance Bank Guarantee (as per Annexure-I) through the following

(a) Branches of Indian scheduled banks operating in their Country (b) Foreign bank operating in their Country which is counter guaranteed by branches of

Indian scheduled banks operating in their Country India (c) Indian branches of foreign banks (d) Foreign bank operating in their Country counter guaranteed by their Indian branch

23 | P a g e

However in respect of (c) and (d) above the Indian branch of foreign banks should be recognized as scheduled bank by Reserve Bank of India

142 If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG (ie

PBG issued against every purchase call off order) then the validity of PBG will be calculated as mentioned below

1421 Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate Contract

Period (validity of Rate Contract) + Contractual Delivery Period of material + Contractual Guarantee period + 6 month (for invocation Claim)

143 You may use following Bank details for SFMS PBG

Name of Bank State Bank of India Branch CAG Branch Mumbai Account No 11083980831 IFSC Code SBIN0009995

15 PACKING amp MARKING 151 PACKING 1511 Packing shall withstand the hazards normally encountered with the means of transport for

the goods of this purchase order including loading and unloading operation both by crane and by pushing off

In the case of imports all equipments materials shall be suitably packed in weather proof

seaworthy packing for ocean transport under tropical conditions and for rail or road or other appropriate transport in India The packing shall be strong and efficient enough to ensure safe preservance upto the final point of destination

RawSolid wood packaging material of imported items has to be appropriately treated amp

marked as per International Standard of Phytosanitary Measures (ISPM-15) for material originating from the contracting countries to the International Plant Protection Convention or the members of Food amp Agriculture Organization Material from non-contracting parties would have to be accompanied by a phytosanitary certificate of the treatment endorsed The Custom Officer at Indian Port shall not release the material without appropriate compliance of the above provisions wef 01112004

1512 The packing specification incorporated herein are supplementary to the internal and

external packing methods and standards as per current general rules of JRA Good Tariff Part-I All packaging shall be done in such a manner as to reduce volume as much as possible

1513 Fragile articles should be packed with special packing materials depending on the type of

Materials and the packing shall bear the words HANDLE WITH CARE GLASS FRAGILE DONT ROLL THIS END UP THIS END DOWN to be indicated by arrow

1514 Chemicals in powder form catalyst refractories and like materials etc shall be packed in

drums cans and tins only However Catalyst may be supplied in Jumbo bags

24 | P a g e

1515 The hazardous materials shall be packed in accordance with the applicable rules regulations and tariff of all cognizant Government Authorities and other Governing bodies It shall be the responsibility of the seller of hazardous materials to designate the material as hazardous and to identify each material by its proper commodity name and its hazardous material class code

1516 All packages requiring handling by crane should have sufficient space at appropriate place

to put sling of suitable dia (strength) IronSteel angle should be provided at the place where sling marking are made to avoid damage to package equipment while lifting

1517 Item shipped in bundles must be securely tied with steel wire or strapping Steel reinforcing

rods bars pipes structural members etc shall be bundled in uniform lengths and the weight shall be within the breaking strength of the securing wire or strapping

In the case of imports for bundles the shipping marks shall be embossed on metal or

similar tag and wired securely on each end 1518 All delicate surfaces on equipment materials should be carefully protected and printed

with protective paintcompound and wrapped to prevent rusting and damage 1519 All mechanical and electrical equipment and other heavy articles shall be securely fastened

to the case bottom and shall be blocked and braced to avoid any displacement shifting during transit

15110 Attachments and spare parts of equipment and all small pieces shall be packed separately

in wooden cases with adequate protection inside the case and wherever possible should be sent along with the main equipment Each item shall be suitably tagged with identification of main equipment item denomination and reference number of respective assembly drawing Each item of steel structure and furnaces shall be identified with two erection markings with minimum lettering height of 15mm Such markings will be followed by the collection numbers in indelible inkpaint A copy of the packing list shall accompany the materials in each package

15111 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted

wooden disc on the flanges All nozzles holes and openings and also all delicate surfaces shall be carefully protected against damage and bad weather All manufactured surfaces shall be painted with rust proof paint

In the case of imports for bulk uniform material when packed in several cases progressive

serial numbers shall be indicated on each case 15112 Wherever required equipment materials instruments shall be enveloped in polythene

bags containing silicagel or similar dehydrating compound

15113 Pipes shall be packed as under (a) Upto 50mm NB in wooden cases crates (b) Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimum

three places (c) Above 100mm NB in loose

25 | P a g e

15114 Pipes and tubes of stainless steel copper etc shall be packed in wooden cases irrespective of their sizes

15115 Pipes with threaded or flanged ends shall be protected with suitable caps covers before

packing In the case of imports all pipes and sheets shall be marked with strips bearing progressive no

15116 Detailed packing list in waterproof envelope shall be inserted in the package together with

equipmentmaterials One copy of the detailed packing list shall be fastened outside of the package in waterproof envelope and covered by metal cover

15117 The supplier shall be held liable for all damages or breakages to the goods due to the

defective or insufficient packing as well as for corrosion due to insufficient protection 15118 Packaged equipment or materials showing damage defects or shortages resulting from

improper packaging materials or packing procedures or having concealed damages or shortages at the time of unpacking shall be to the supplierrsquos account

All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearly indicated and marked ldquoATTENTION SPECIAL LOAD HANDLE WITH CARErdquo both in English Hindi Languages

In the case of imports a distinct colour splash in say red black around each package crate

bundle shall be given for identification 15119 Along with the packed material supplier should attach material list manualsinstructions

and also the Inspection certificate release note wherever applicable 152 MARKING The following details to be written on the side face of packing

a) Purchase Order Number b) Vendor Name c) Batch no with manufacturing date d) Procedure (in brief) for handling e) Date of dispatch etc

153 IMPORTED ITEMS On three sides of the packages the following marks shall appear clearly

visible with indelible paint and on Vendors care and expenses

BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions) From To Bharat Petroleum Corporation Limited (With detailed address as given in Special Purchase Conditions) Order No Rev No Item Equipment Nomenclature Net weight Kgs

26 | P a g e

Gross weight Kgs Case No of Total cases Dimensions Import License No NOTE Marking shall be bold - minimum letter height 5 cm For every order and every shipment packages must be marked with serial progressive numbering Top heavy containers shall be so marked either Top Heavy or Heavy Ends When packing material is clean and light coloured a dark black stencil paint shall be acceptable However where packaging material is soiled or dark a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings In case of large equipments like vessels heat exchangers etc the envelope containing the documents shall be fastened inside a shell connection with an identifying arrow sign documents using indelible paint

16 DELIVERY 161 Unless otherwise mentioned Vendor is requested to quote their best delivery schedule

from the date of receipt of Purchase order 162 Time being the essence of this contract the delivery mentioned in the purchase order shall

be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner Goods should be delivered securely packed and in good order and condition at the place of delivery and within the time specified in the purchase order for their delivery

163 The contractual delivery period is inclusive of all the lead time for engineering

procurement of raw material the manufacturing inspection testing packing transportation or any other activity whatsoever required to be accomplished for affecting the delivery at the required delivery point

164 Unless otherwise specified Material(s) shall not be despatched without prior inspection

andor testing and Release OrderMaterial(s) Acceptance Certificate issued by the Inspector(s)

165 BPCL shall have the right to advise any change in despatch point or destination in respect

of any Material(s) Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence will be reimbursed to the Vendor by BPCL

17 UNLOADING AND STACKING

Unloading and stacking will be arranged by BPCL The Vendor shall send BPCL information of the proposed consignment well in advance by telegramfaxe-mailcourier to enable BPCL to take necessary action

18 TRANSIT INSURANCE

27 | P a g e

Unless otherwise mentioned 181 Transit Insurance shall be in the vendorrsquos scope in the case of inland transportation of

goods 182 In the case of imports insurance against all marine and transit risk shall be covered under

the Owners marine policy However the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carriers responsibility is fully retained on the Carriers so that the consignees interests are fully secured and are in no way jeopardized

182 The Vendor shall send BPCL information of the proposed consignment well in advance by

faxe-mailcourier to enable BPCL to take necessary action for the transit insurance of the consignment Any failure by the Vendor to do so shall place the consignment at the Vendorrsquos risk

183 In the case of imports as soon as any shipment is made the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Limited (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments vessels name port of shipment bill of lading number and date total FOB and freight value

19 VALIDITY OF OFFER

The rates quoted against this tender shall be valid for a period of 180 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions

20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 201 The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered

to on the clear understanding that the Price(s) of the Material(s) hashave been fixed with reference to the said Delivery date(s)

202 If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them

beyond the stipulated date(s) of Delivery the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay and shall promptly keep BPCL informed of all subsequent developments

203 The delivery period quoted must be realistic amp specific The inability of successful Vendors

to execute orders in accordance with the agreed delivery schedule will entitle BPCL at its options to

2031 Accept delayed delivery at prices reduced by a sum equivalent to half percent (05) of the

basic value of any goods not delivered for every week of delay or part thereof limited to a maximum of 5 of the total basic order value LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract Date of receipt of materials at ownerrsquos premises shall be considered for calculation of price reduction for FOR destination contract

In the case of imports the contractual delivery date shall be considered from the date of Letter of Credit (LC) or the date of LC amendment because of Buyerrsquos fault plus one week

28 | P a g e

(to take care of transit time for receipt of LC) plus the delivery schedule as indicated by the vendors

In case of the shipment taking place on ldquoCash against documentsrdquo the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period

Further the date of BL or House airway bill shall be considered to find out the delay with respect to contractual delivery date In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any So vendor shall inform the readiness of material for shipment on FOB (Free on Board) basis FCA (Free on Carrier) basis

2032 Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor without prejudice to its right under 2031 above in respect of goods delivered

21 RISK PURCHASE CLAUSE

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms amp conditions of the order BPCL also reserves the right to procure the same or similar materialsequipment through other sources at vendors entire risk cost and consequences Further the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement

22 FORCE MAJEURE Circumstances leading to force majeure (a) Act of terrorism

(b) Riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection of military or usurped power (c) Ionising radiation or contamination radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component

(d) epidemics earthquakes flood fire hurricanes typhoons or other physical natural disaster but excluding weather conditions regardless of severity and

(e) freight embargoes strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract For the avoidance of doubt inclement weather third party breach delay in supply of materials (other than due to a nationwide transportersrsquo strike) or commercial hardship shall not constitute a Force Majeure event bull Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

20 | P a g e

In addition of the bill of lading which should be obtained in three stamped original plus as

many copies as required invoices packing list freight memos (if the freight particulars are not shown in the bills of lading) country of origin certificate test composition certificate shall be made out against each shipment in as many number of copies as shown below

The bill of lading invoice and packing list specifically shall show uniformly the mark and

numbers contents case wise country of origin consignees name port of destination and all other particulars as indicated under clause 2 The invoice shall show the unit rates and net total FOB prices Items packed separately should also be invoiced and the value shown accordingly Packing list must show apart from other particulars actual contents in each case net and gross weights and dimensions and the total number of packages All documents should be duly signed by the Vendorrsquos authorised representatives

In the case of FOB orders shipping arrangements shall be made by the Chartering Wing of

the Ministry of Surface Transport New Delhi through their respective forwarding agents The names and addresses of forwarding agents shall be as per Special Purchase Conditions Supplier shall furnish to the respective agents the full details of consignments such as outside dimension weights (both gross and net) No of packages technical description and drawings name of supplier ports of loading etc 6-weeks notice shall be given by the supplier to enable the concerned agency to arrange shipping space

The bill of lading shall indicate the following Shipper Government of India Consignee Bharat Petroleum Corporation Limited In case of supplies from USA Export Licences if any required from the American

Authorities shall be obtained by the US Suppliers If need be assistance for obtaining such export licences would be available from India Supply Mission at Washington

82 AIRSHIPMENT In case of Airshipment the materials shall be shipped through freight

consolidator (approved by us) The airway bill shall be made out in favour of BHARAT PETROLEUM CORPORATION LIMITED

TRANSMISSION OF SHIPPING DOCUMENTS Foreign Supplier shall obtain the shipping

documents in seven complete sets including three original stamped copies of the Bill of Lading as quickly as possible after the shipment is made and airmail as shown below so that they are received at least three weeks before the Vessels arrival Foreign Supplier shall be fully responsible or any delay and or demurrage in clearance of the consignment at the port due to delay in transmittal of the shipping documents

If in terms of letter or otherwise the complete original set of documents are required to

be sent to BPCL through Bank the distribution indicated below will confine to copies of documents only minus originals

Documents BPCL (Mumbai) Bill of Lading 4 (including 1 original) Invoice 4

21 | P a g e

Packing List 4 Freight Memo 4 Country of Origin Certificate 4 Third party inspection certificate 4 Drawing 4 Catalogue 4 Invoice of Third Party 4 for inspection charges whenever applicable

9 INDIAN AGENT COMMISSION

Any offer through Indian agents will be considered only after authorization mentioning them as Indian agents is received from Vendor Indian agents commission if applicable will be payable only in Indian currency Indian agents should be registered with Directorate General of Supplies and Disposals Government of India and agency commission will be payable only after registration with DGSampD New Delhi

10 ORDER AWARD EVALUATION CRITERIA

Unless otherwise specified Order award criteria will be on lowest quote landed price basis Landed price will be summation of Basic Price Packing amp Forwarding Charges Excise Duty Sales Tax Freight Inspection Octroi Supervision of Installation amp Commissioning and other taxes amp levies loading etc if any reduced by cenvatvat credit as applicable

11 CONFIRMATION OF ORDER

The vendor shall acknowledge the receipt of the purchase order within 10 days of mailing the same The vendor shall sign stamp the acknowledgement copy of the purchase order and return the same to BPCL

12 PAYMENT TERMS 121 Unless otherwise specified 100 payment shall be made within 30 days from date of

receipt and acceptance of materials at Site against submission of Peformance Bank Guarantee (PBG) for 10 of basic order value if PBG is applicable for the tender

122 In the case of imports payment will be made on submission of original documents directly

to Owner (Telegraphic Transfer-TT) or through Bank (Cash against documents-CAD) or through Irrevocable Letter of Credit

123 Unless otherwise mentioned the specified documents (All documents listed below (one

original and two copies) should be submitted to originator of PO (the name and contact details of whom are given in PO) and payments for despatches will be made by the originator of Purchase Order a) Invoice b) Excise invoice c) The Lorry Receipt of the consignment d) Packing list for the consignment e) Third Party Inspectorrsquos Certificate covering the invoiced Material(s) Release Note

wherever applicable f) Manufacturers TestComposition Certificate wherever applicable g) Drawing(s)Catalogue(s) covering the Material(s) wherever applicable h) GuaranteeWarranty Certificate(s) wherever applicable i) Original Receipt for Octroiother statutory levies as applicable

22 | P a g e

j) Performance Bank Guarantee as applicable 13 GUARANTEE WARRANTY 131 Materials shall be guaranteed against manufacturing defects materials workmanship

and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier Warranty for replacement of material accessories should be provided free of charges at our premises The above guaranteewarranty will be without prejudice to the certificate of inspection or material receipt note issued by us in respect of the materials In case the defect arises within the abovementioned Defect Liability Period (DLP) and the same is repairedreplaced the DLP for the repairedreplaced jobitem will be extended suitably so as to cover the original DLP However in no case such extension will exceed 24 months from date of start of initial DLP

132 All the materials including components and sub contracted items should be guaranteed by

the vendor within the warranty period mentioned above In the event of any defect in the material the vendor will replace repair the material at BPCLrsquos concerned location at vendorrsquos risk and cost on due notice

133 In case vendor does not replace repair the material on due notice rejected material will

be sent to the vendor on ldquoFreight to payrdquo basis for free replacement Material after rectification of defects shall be dispatched by the vendor on ldquoFreight Paidrdquo basis Alternatively BPCL reserves the right to have the material repaired replaced at the locations concerned at the vendorrsquos risk cost and responsibility

134 The Vendor shall provide similar warrantee on the parts components fittings accessories

etc so repaired and or replaced 14 PERFORMANCE BANK GUARANTEES 141 Vendor will have to provide Performance Bank Guarantee for 10 of the basic value of

purchase order unless otherwise specified This bank guarantee shall be valid (shall remain in force) for guarantee period (as mentioned in the guarantee clause) with an invocation period of six months thereafter In the case of Indigenous vendors the Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100) PBG format is as per Annexure-I

In case PBG is not provided by the Vendor 10 of the basic value shall be retained in lieu of PBG till the expiry of guarantee and claim period

In the case of imports the Supplier shall furnish the Performance Bank Guarantee (as per Annexure-I) through the following

(a) Branches of Indian scheduled banks operating in their Country (b) Foreign bank operating in their Country which is counter guaranteed by branches of

Indian scheduled banks operating in their Country India (c) Indian branches of foreign banks (d) Foreign bank operating in their Country counter guaranteed by their Indian branch

23 | P a g e

However in respect of (c) and (d) above the Indian branch of foreign banks should be recognized as scheduled bank by Reserve Bank of India

142 If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG (ie

PBG issued against every purchase call off order) then the validity of PBG will be calculated as mentioned below

1421 Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate Contract

Period (validity of Rate Contract) + Contractual Delivery Period of material + Contractual Guarantee period + 6 month (for invocation Claim)

143 You may use following Bank details for SFMS PBG

Name of Bank State Bank of India Branch CAG Branch Mumbai Account No 11083980831 IFSC Code SBIN0009995

15 PACKING amp MARKING 151 PACKING 1511 Packing shall withstand the hazards normally encountered with the means of transport for

the goods of this purchase order including loading and unloading operation both by crane and by pushing off

In the case of imports all equipments materials shall be suitably packed in weather proof

seaworthy packing for ocean transport under tropical conditions and for rail or road or other appropriate transport in India The packing shall be strong and efficient enough to ensure safe preservance upto the final point of destination

RawSolid wood packaging material of imported items has to be appropriately treated amp

marked as per International Standard of Phytosanitary Measures (ISPM-15) for material originating from the contracting countries to the International Plant Protection Convention or the members of Food amp Agriculture Organization Material from non-contracting parties would have to be accompanied by a phytosanitary certificate of the treatment endorsed The Custom Officer at Indian Port shall not release the material without appropriate compliance of the above provisions wef 01112004

1512 The packing specification incorporated herein are supplementary to the internal and

external packing methods and standards as per current general rules of JRA Good Tariff Part-I All packaging shall be done in such a manner as to reduce volume as much as possible

1513 Fragile articles should be packed with special packing materials depending on the type of

Materials and the packing shall bear the words HANDLE WITH CARE GLASS FRAGILE DONT ROLL THIS END UP THIS END DOWN to be indicated by arrow

1514 Chemicals in powder form catalyst refractories and like materials etc shall be packed in

drums cans and tins only However Catalyst may be supplied in Jumbo bags

24 | P a g e

1515 The hazardous materials shall be packed in accordance with the applicable rules regulations and tariff of all cognizant Government Authorities and other Governing bodies It shall be the responsibility of the seller of hazardous materials to designate the material as hazardous and to identify each material by its proper commodity name and its hazardous material class code

1516 All packages requiring handling by crane should have sufficient space at appropriate place

to put sling of suitable dia (strength) IronSteel angle should be provided at the place where sling marking are made to avoid damage to package equipment while lifting

1517 Item shipped in bundles must be securely tied with steel wire or strapping Steel reinforcing

rods bars pipes structural members etc shall be bundled in uniform lengths and the weight shall be within the breaking strength of the securing wire or strapping

In the case of imports for bundles the shipping marks shall be embossed on metal or

similar tag and wired securely on each end 1518 All delicate surfaces on equipment materials should be carefully protected and printed

with protective paintcompound and wrapped to prevent rusting and damage 1519 All mechanical and electrical equipment and other heavy articles shall be securely fastened

to the case bottom and shall be blocked and braced to avoid any displacement shifting during transit

15110 Attachments and spare parts of equipment and all small pieces shall be packed separately

in wooden cases with adequate protection inside the case and wherever possible should be sent along with the main equipment Each item shall be suitably tagged with identification of main equipment item denomination and reference number of respective assembly drawing Each item of steel structure and furnaces shall be identified with two erection markings with minimum lettering height of 15mm Such markings will be followed by the collection numbers in indelible inkpaint A copy of the packing list shall accompany the materials in each package

15111 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted

wooden disc on the flanges All nozzles holes and openings and also all delicate surfaces shall be carefully protected against damage and bad weather All manufactured surfaces shall be painted with rust proof paint

In the case of imports for bulk uniform material when packed in several cases progressive

serial numbers shall be indicated on each case 15112 Wherever required equipment materials instruments shall be enveloped in polythene

bags containing silicagel or similar dehydrating compound

15113 Pipes shall be packed as under (a) Upto 50mm NB in wooden cases crates (b) Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimum

three places (c) Above 100mm NB in loose

25 | P a g e

15114 Pipes and tubes of stainless steel copper etc shall be packed in wooden cases irrespective of their sizes

15115 Pipes with threaded or flanged ends shall be protected with suitable caps covers before

packing In the case of imports all pipes and sheets shall be marked with strips bearing progressive no

15116 Detailed packing list in waterproof envelope shall be inserted in the package together with

equipmentmaterials One copy of the detailed packing list shall be fastened outside of the package in waterproof envelope and covered by metal cover

15117 The supplier shall be held liable for all damages or breakages to the goods due to the

defective or insufficient packing as well as for corrosion due to insufficient protection 15118 Packaged equipment or materials showing damage defects or shortages resulting from

improper packaging materials or packing procedures or having concealed damages or shortages at the time of unpacking shall be to the supplierrsquos account

All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearly indicated and marked ldquoATTENTION SPECIAL LOAD HANDLE WITH CARErdquo both in English Hindi Languages

In the case of imports a distinct colour splash in say red black around each package crate

bundle shall be given for identification 15119 Along with the packed material supplier should attach material list manualsinstructions

and also the Inspection certificate release note wherever applicable 152 MARKING The following details to be written on the side face of packing

a) Purchase Order Number b) Vendor Name c) Batch no with manufacturing date d) Procedure (in brief) for handling e) Date of dispatch etc

153 IMPORTED ITEMS On three sides of the packages the following marks shall appear clearly

visible with indelible paint and on Vendors care and expenses

BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions) From To Bharat Petroleum Corporation Limited (With detailed address as given in Special Purchase Conditions) Order No Rev No Item Equipment Nomenclature Net weight Kgs

26 | P a g e

Gross weight Kgs Case No of Total cases Dimensions Import License No NOTE Marking shall be bold - minimum letter height 5 cm For every order and every shipment packages must be marked with serial progressive numbering Top heavy containers shall be so marked either Top Heavy or Heavy Ends When packing material is clean and light coloured a dark black stencil paint shall be acceptable However where packaging material is soiled or dark a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings In case of large equipments like vessels heat exchangers etc the envelope containing the documents shall be fastened inside a shell connection with an identifying arrow sign documents using indelible paint

16 DELIVERY 161 Unless otherwise mentioned Vendor is requested to quote their best delivery schedule

from the date of receipt of Purchase order 162 Time being the essence of this contract the delivery mentioned in the purchase order shall

be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner Goods should be delivered securely packed and in good order and condition at the place of delivery and within the time specified in the purchase order for their delivery

163 The contractual delivery period is inclusive of all the lead time for engineering

procurement of raw material the manufacturing inspection testing packing transportation or any other activity whatsoever required to be accomplished for affecting the delivery at the required delivery point

164 Unless otherwise specified Material(s) shall not be despatched without prior inspection

andor testing and Release OrderMaterial(s) Acceptance Certificate issued by the Inspector(s)

165 BPCL shall have the right to advise any change in despatch point or destination in respect

of any Material(s) Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence will be reimbursed to the Vendor by BPCL

17 UNLOADING AND STACKING

Unloading and stacking will be arranged by BPCL The Vendor shall send BPCL information of the proposed consignment well in advance by telegramfaxe-mailcourier to enable BPCL to take necessary action

18 TRANSIT INSURANCE

27 | P a g e

Unless otherwise mentioned 181 Transit Insurance shall be in the vendorrsquos scope in the case of inland transportation of

goods 182 In the case of imports insurance against all marine and transit risk shall be covered under

the Owners marine policy However the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carriers responsibility is fully retained on the Carriers so that the consignees interests are fully secured and are in no way jeopardized

182 The Vendor shall send BPCL information of the proposed consignment well in advance by

faxe-mailcourier to enable BPCL to take necessary action for the transit insurance of the consignment Any failure by the Vendor to do so shall place the consignment at the Vendorrsquos risk

183 In the case of imports as soon as any shipment is made the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Limited (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments vessels name port of shipment bill of lading number and date total FOB and freight value

19 VALIDITY OF OFFER

The rates quoted against this tender shall be valid for a period of 180 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions

20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 201 The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered

to on the clear understanding that the Price(s) of the Material(s) hashave been fixed with reference to the said Delivery date(s)

202 If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them

beyond the stipulated date(s) of Delivery the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay and shall promptly keep BPCL informed of all subsequent developments

203 The delivery period quoted must be realistic amp specific The inability of successful Vendors

to execute orders in accordance with the agreed delivery schedule will entitle BPCL at its options to

2031 Accept delayed delivery at prices reduced by a sum equivalent to half percent (05) of the

basic value of any goods not delivered for every week of delay or part thereof limited to a maximum of 5 of the total basic order value LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract Date of receipt of materials at ownerrsquos premises shall be considered for calculation of price reduction for FOR destination contract

In the case of imports the contractual delivery date shall be considered from the date of Letter of Credit (LC) or the date of LC amendment because of Buyerrsquos fault plus one week

28 | P a g e

(to take care of transit time for receipt of LC) plus the delivery schedule as indicated by the vendors

In case of the shipment taking place on ldquoCash against documentsrdquo the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period

Further the date of BL or House airway bill shall be considered to find out the delay with respect to contractual delivery date In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any So vendor shall inform the readiness of material for shipment on FOB (Free on Board) basis FCA (Free on Carrier) basis

2032 Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor without prejudice to its right under 2031 above in respect of goods delivered

21 RISK PURCHASE CLAUSE

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms amp conditions of the order BPCL also reserves the right to procure the same or similar materialsequipment through other sources at vendors entire risk cost and consequences Further the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement

22 FORCE MAJEURE Circumstances leading to force majeure (a) Act of terrorism

(b) Riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection of military or usurped power (c) Ionising radiation or contamination radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component

(d) epidemics earthquakes flood fire hurricanes typhoons or other physical natural disaster but excluding weather conditions regardless of severity and

(e) freight embargoes strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract For the avoidance of doubt inclement weather third party breach delay in supply of materials (other than due to a nationwide transportersrsquo strike) or commercial hardship shall not constitute a Force Majeure event bull Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

21 | P a g e

Packing List 4 Freight Memo 4 Country of Origin Certificate 4 Third party inspection certificate 4 Drawing 4 Catalogue 4 Invoice of Third Party 4 for inspection charges whenever applicable

9 INDIAN AGENT COMMISSION

Any offer through Indian agents will be considered only after authorization mentioning them as Indian agents is received from Vendor Indian agents commission if applicable will be payable only in Indian currency Indian agents should be registered with Directorate General of Supplies and Disposals Government of India and agency commission will be payable only after registration with DGSampD New Delhi

10 ORDER AWARD EVALUATION CRITERIA

Unless otherwise specified Order award criteria will be on lowest quote landed price basis Landed price will be summation of Basic Price Packing amp Forwarding Charges Excise Duty Sales Tax Freight Inspection Octroi Supervision of Installation amp Commissioning and other taxes amp levies loading etc if any reduced by cenvatvat credit as applicable

11 CONFIRMATION OF ORDER

The vendor shall acknowledge the receipt of the purchase order within 10 days of mailing the same The vendor shall sign stamp the acknowledgement copy of the purchase order and return the same to BPCL

12 PAYMENT TERMS 121 Unless otherwise specified 100 payment shall be made within 30 days from date of

receipt and acceptance of materials at Site against submission of Peformance Bank Guarantee (PBG) for 10 of basic order value if PBG is applicable for the tender

122 In the case of imports payment will be made on submission of original documents directly

to Owner (Telegraphic Transfer-TT) or through Bank (Cash against documents-CAD) or through Irrevocable Letter of Credit

123 Unless otherwise mentioned the specified documents (All documents listed below (one

original and two copies) should be submitted to originator of PO (the name and contact details of whom are given in PO) and payments for despatches will be made by the originator of Purchase Order a) Invoice b) Excise invoice c) The Lorry Receipt of the consignment d) Packing list for the consignment e) Third Party Inspectorrsquos Certificate covering the invoiced Material(s) Release Note

wherever applicable f) Manufacturers TestComposition Certificate wherever applicable g) Drawing(s)Catalogue(s) covering the Material(s) wherever applicable h) GuaranteeWarranty Certificate(s) wherever applicable i) Original Receipt for Octroiother statutory levies as applicable

22 | P a g e

j) Performance Bank Guarantee as applicable 13 GUARANTEE WARRANTY 131 Materials shall be guaranteed against manufacturing defects materials workmanship

and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier Warranty for replacement of material accessories should be provided free of charges at our premises The above guaranteewarranty will be without prejudice to the certificate of inspection or material receipt note issued by us in respect of the materials In case the defect arises within the abovementioned Defect Liability Period (DLP) and the same is repairedreplaced the DLP for the repairedreplaced jobitem will be extended suitably so as to cover the original DLP However in no case such extension will exceed 24 months from date of start of initial DLP

132 All the materials including components and sub contracted items should be guaranteed by

the vendor within the warranty period mentioned above In the event of any defect in the material the vendor will replace repair the material at BPCLrsquos concerned location at vendorrsquos risk and cost on due notice

133 In case vendor does not replace repair the material on due notice rejected material will

be sent to the vendor on ldquoFreight to payrdquo basis for free replacement Material after rectification of defects shall be dispatched by the vendor on ldquoFreight Paidrdquo basis Alternatively BPCL reserves the right to have the material repaired replaced at the locations concerned at the vendorrsquos risk cost and responsibility

134 The Vendor shall provide similar warrantee on the parts components fittings accessories

etc so repaired and or replaced 14 PERFORMANCE BANK GUARANTEES 141 Vendor will have to provide Performance Bank Guarantee for 10 of the basic value of

purchase order unless otherwise specified This bank guarantee shall be valid (shall remain in force) for guarantee period (as mentioned in the guarantee clause) with an invocation period of six months thereafter In the case of Indigenous vendors the Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100) PBG format is as per Annexure-I

In case PBG is not provided by the Vendor 10 of the basic value shall be retained in lieu of PBG till the expiry of guarantee and claim period

In the case of imports the Supplier shall furnish the Performance Bank Guarantee (as per Annexure-I) through the following

(a) Branches of Indian scheduled banks operating in their Country (b) Foreign bank operating in their Country which is counter guaranteed by branches of

Indian scheduled banks operating in their Country India (c) Indian branches of foreign banks (d) Foreign bank operating in their Country counter guaranteed by their Indian branch

23 | P a g e

However in respect of (c) and (d) above the Indian branch of foreign banks should be recognized as scheduled bank by Reserve Bank of India

142 If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG (ie

PBG issued against every purchase call off order) then the validity of PBG will be calculated as mentioned below

1421 Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate Contract

Period (validity of Rate Contract) + Contractual Delivery Period of material + Contractual Guarantee period + 6 month (for invocation Claim)

143 You may use following Bank details for SFMS PBG

Name of Bank State Bank of India Branch CAG Branch Mumbai Account No 11083980831 IFSC Code SBIN0009995

15 PACKING amp MARKING 151 PACKING 1511 Packing shall withstand the hazards normally encountered with the means of transport for

the goods of this purchase order including loading and unloading operation both by crane and by pushing off

In the case of imports all equipments materials shall be suitably packed in weather proof

seaworthy packing for ocean transport under tropical conditions and for rail or road or other appropriate transport in India The packing shall be strong and efficient enough to ensure safe preservance upto the final point of destination

RawSolid wood packaging material of imported items has to be appropriately treated amp

marked as per International Standard of Phytosanitary Measures (ISPM-15) for material originating from the contracting countries to the International Plant Protection Convention or the members of Food amp Agriculture Organization Material from non-contracting parties would have to be accompanied by a phytosanitary certificate of the treatment endorsed The Custom Officer at Indian Port shall not release the material without appropriate compliance of the above provisions wef 01112004

1512 The packing specification incorporated herein are supplementary to the internal and

external packing methods and standards as per current general rules of JRA Good Tariff Part-I All packaging shall be done in such a manner as to reduce volume as much as possible

1513 Fragile articles should be packed with special packing materials depending on the type of

Materials and the packing shall bear the words HANDLE WITH CARE GLASS FRAGILE DONT ROLL THIS END UP THIS END DOWN to be indicated by arrow

1514 Chemicals in powder form catalyst refractories and like materials etc shall be packed in

drums cans and tins only However Catalyst may be supplied in Jumbo bags

24 | P a g e

1515 The hazardous materials shall be packed in accordance with the applicable rules regulations and tariff of all cognizant Government Authorities and other Governing bodies It shall be the responsibility of the seller of hazardous materials to designate the material as hazardous and to identify each material by its proper commodity name and its hazardous material class code

1516 All packages requiring handling by crane should have sufficient space at appropriate place

to put sling of suitable dia (strength) IronSteel angle should be provided at the place where sling marking are made to avoid damage to package equipment while lifting

1517 Item shipped in bundles must be securely tied with steel wire or strapping Steel reinforcing

rods bars pipes structural members etc shall be bundled in uniform lengths and the weight shall be within the breaking strength of the securing wire or strapping

In the case of imports for bundles the shipping marks shall be embossed on metal or

similar tag and wired securely on each end 1518 All delicate surfaces on equipment materials should be carefully protected and printed

with protective paintcompound and wrapped to prevent rusting and damage 1519 All mechanical and electrical equipment and other heavy articles shall be securely fastened

to the case bottom and shall be blocked and braced to avoid any displacement shifting during transit

15110 Attachments and spare parts of equipment and all small pieces shall be packed separately

in wooden cases with adequate protection inside the case and wherever possible should be sent along with the main equipment Each item shall be suitably tagged with identification of main equipment item denomination and reference number of respective assembly drawing Each item of steel structure and furnaces shall be identified with two erection markings with minimum lettering height of 15mm Such markings will be followed by the collection numbers in indelible inkpaint A copy of the packing list shall accompany the materials in each package

15111 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted

wooden disc on the flanges All nozzles holes and openings and also all delicate surfaces shall be carefully protected against damage and bad weather All manufactured surfaces shall be painted with rust proof paint

In the case of imports for bulk uniform material when packed in several cases progressive

serial numbers shall be indicated on each case 15112 Wherever required equipment materials instruments shall be enveloped in polythene

bags containing silicagel or similar dehydrating compound

15113 Pipes shall be packed as under (a) Upto 50mm NB in wooden cases crates (b) Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimum

three places (c) Above 100mm NB in loose

25 | P a g e

15114 Pipes and tubes of stainless steel copper etc shall be packed in wooden cases irrespective of their sizes

15115 Pipes with threaded or flanged ends shall be protected with suitable caps covers before

packing In the case of imports all pipes and sheets shall be marked with strips bearing progressive no

15116 Detailed packing list in waterproof envelope shall be inserted in the package together with

equipmentmaterials One copy of the detailed packing list shall be fastened outside of the package in waterproof envelope and covered by metal cover

15117 The supplier shall be held liable for all damages or breakages to the goods due to the

defective or insufficient packing as well as for corrosion due to insufficient protection 15118 Packaged equipment or materials showing damage defects or shortages resulting from

improper packaging materials or packing procedures or having concealed damages or shortages at the time of unpacking shall be to the supplierrsquos account

All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearly indicated and marked ldquoATTENTION SPECIAL LOAD HANDLE WITH CARErdquo both in English Hindi Languages

In the case of imports a distinct colour splash in say red black around each package crate

bundle shall be given for identification 15119 Along with the packed material supplier should attach material list manualsinstructions

and also the Inspection certificate release note wherever applicable 152 MARKING The following details to be written on the side face of packing

a) Purchase Order Number b) Vendor Name c) Batch no with manufacturing date d) Procedure (in brief) for handling e) Date of dispatch etc

153 IMPORTED ITEMS On three sides of the packages the following marks shall appear clearly

visible with indelible paint and on Vendors care and expenses

BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions) From To Bharat Petroleum Corporation Limited (With detailed address as given in Special Purchase Conditions) Order No Rev No Item Equipment Nomenclature Net weight Kgs

26 | P a g e

Gross weight Kgs Case No of Total cases Dimensions Import License No NOTE Marking shall be bold - minimum letter height 5 cm For every order and every shipment packages must be marked with serial progressive numbering Top heavy containers shall be so marked either Top Heavy or Heavy Ends When packing material is clean and light coloured a dark black stencil paint shall be acceptable However where packaging material is soiled or dark a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings In case of large equipments like vessels heat exchangers etc the envelope containing the documents shall be fastened inside a shell connection with an identifying arrow sign documents using indelible paint

16 DELIVERY 161 Unless otherwise mentioned Vendor is requested to quote their best delivery schedule

from the date of receipt of Purchase order 162 Time being the essence of this contract the delivery mentioned in the purchase order shall

be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner Goods should be delivered securely packed and in good order and condition at the place of delivery and within the time specified in the purchase order for their delivery

163 The contractual delivery period is inclusive of all the lead time for engineering

procurement of raw material the manufacturing inspection testing packing transportation or any other activity whatsoever required to be accomplished for affecting the delivery at the required delivery point

164 Unless otherwise specified Material(s) shall not be despatched without prior inspection

andor testing and Release OrderMaterial(s) Acceptance Certificate issued by the Inspector(s)

165 BPCL shall have the right to advise any change in despatch point or destination in respect

of any Material(s) Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence will be reimbursed to the Vendor by BPCL

17 UNLOADING AND STACKING

Unloading and stacking will be arranged by BPCL The Vendor shall send BPCL information of the proposed consignment well in advance by telegramfaxe-mailcourier to enable BPCL to take necessary action

18 TRANSIT INSURANCE

27 | P a g e

Unless otherwise mentioned 181 Transit Insurance shall be in the vendorrsquos scope in the case of inland transportation of

goods 182 In the case of imports insurance against all marine and transit risk shall be covered under

the Owners marine policy However the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carriers responsibility is fully retained on the Carriers so that the consignees interests are fully secured and are in no way jeopardized

182 The Vendor shall send BPCL information of the proposed consignment well in advance by

faxe-mailcourier to enable BPCL to take necessary action for the transit insurance of the consignment Any failure by the Vendor to do so shall place the consignment at the Vendorrsquos risk

183 In the case of imports as soon as any shipment is made the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Limited (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments vessels name port of shipment bill of lading number and date total FOB and freight value

19 VALIDITY OF OFFER

The rates quoted against this tender shall be valid for a period of 180 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions

20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 201 The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered

to on the clear understanding that the Price(s) of the Material(s) hashave been fixed with reference to the said Delivery date(s)

202 If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them

beyond the stipulated date(s) of Delivery the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay and shall promptly keep BPCL informed of all subsequent developments

203 The delivery period quoted must be realistic amp specific The inability of successful Vendors

to execute orders in accordance with the agreed delivery schedule will entitle BPCL at its options to

2031 Accept delayed delivery at prices reduced by a sum equivalent to half percent (05) of the

basic value of any goods not delivered for every week of delay or part thereof limited to a maximum of 5 of the total basic order value LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract Date of receipt of materials at ownerrsquos premises shall be considered for calculation of price reduction for FOR destination contract

In the case of imports the contractual delivery date shall be considered from the date of Letter of Credit (LC) or the date of LC amendment because of Buyerrsquos fault plus one week

28 | P a g e

(to take care of transit time for receipt of LC) plus the delivery schedule as indicated by the vendors

In case of the shipment taking place on ldquoCash against documentsrdquo the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period

Further the date of BL or House airway bill shall be considered to find out the delay with respect to contractual delivery date In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any So vendor shall inform the readiness of material for shipment on FOB (Free on Board) basis FCA (Free on Carrier) basis

2032 Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor without prejudice to its right under 2031 above in respect of goods delivered

21 RISK PURCHASE CLAUSE

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms amp conditions of the order BPCL also reserves the right to procure the same or similar materialsequipment through other sources at vendors entire risk cost and consequences Further the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement

22 FORCE MAJEURE Circumstances leading to force majeure (a) Act of terrorism

(b) Riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection of military or usurped power (c) Ionising radiation or contamination radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component

(d) epidemics earthquakes flood fire hurricanes typhoons or other physical natural disaster but excluding weather conditions regardless of severity and

(e) freight embargoes strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract For the avoidance of doubt inclement weather third party breach delay in supply of materials (other than due to a nationwide transportersrsquo strike) or commercial hardship shall not constitute a Force Majeure event bull Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

22 | P a g e

j) Performance Bank Guarantee as applicable 13 GUARANTEE WARRANTY 131 Materials shall be guaranteed against manufacturing defects materials workmanship

and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier Warranty for replacement of material accessories should be provided free of charges at our premises The above guaranteewarranty will be without prejudice to the certificate of inspection or material receipt note issued by us in respect of the materials In case the defect arises within the abovementioned Defect Liability Period (DLP) and the same is repairedreplaced the DLP for the repairedreplaced jobitem will be extended suitably so as to cover the original DLP However in no case such extension will exceed 24 months from date of start of initial DLP

132 All the materials including components and sub contracted items should be guaranteed by

the vendor within the warranty period mentioned above In the event of any defect in the material the vendor will replace repair the material at BPCLrsquos concerned location at vendorrsquos risk and cost on due notice

133 In case vendor does not replace repair the material on due notice rejected material will

be sent to the vendor on ldquoFreight to payrdquo basis for free replacement Material after rectification of defects shall be dispatched by the vendor on ldquoFreight Paidrdquo basis Alternatively BPCL reserves the right to have the material repaired replaced at the locations concerned at the vendorrsquos risk cost and responsibility

134 The Vendor shall provide similar warrantee on the parts components fittings accessories

etc so repaired and or replaced 14 PERFORMANCE BANK GUARANTEES 141 Vendor will have to provide Performance Bank Guarantee for 10 of the basic value of

purchase order unless otherwise specified This bank guarantee shall be valid (shall remain in force) for guarantee period (as mentioned in the guarantee clause) with an invocation period of six months thereafter In the case of Indigenous vendors the Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100) PBG format is as per Annexure-I

In case PBG is not provided by the Vendor 10 of the basic value shall be retained in lieu of PBG till the expiry of guarantee and claim period

In the case of imports the Supplier shall furnish the Performance Bank Guarantee (as per Annexure-I) through the following

(a) Branches of Indian scheduled banks operating in their Country (b) Foreign bank operating in their Country which is counter guaranteed by branches of

Indian scheduled banks operating in their Country India (c) Indian branches of foreign banks (d) Foreign bank operating in their Country counter guaranteed by their Indian branch

23 | P a g e

However in respect of (c) and (d) above the Indian branch of foreign banks should be recognized as scheduled bank by Reserve Bank of India

142 If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG (ie

PBG issued against every purchase call off order) then the validity of PBG will be calculated as mentioned below

1421 Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate Contract

Period (validity of Rate Contract) + Contractual Delivery Period of material + Contractual Guarantee period + 6 month (for invocation Claim)

143 You may use following Bank details for SFMS PBG

Name of Bank State Bank of India Branch CAG Branch Mumbai Account No 11083980831 IFSC Code SBIN0009995

15 PACKING amp MARKING 151 PACKING 1511 Packing shall withstand the hazards normally encountered with the means of transport for

the goods of this purchase order including loading and unloading operation both by crane and by pushing off

In the case of imports all equipments materials shall be suitably packed in weather proof

seaworthy packing for ocean transport under tropical conditions and for rail or road or other appropriate transport in India The packing shall be strong and efficient enough to ensure safe preservance upto the final point of destination

RawSolid wood packaging material of imported items has to be appropriately treated amp

marked as per International Standard of Phytosanitary Measures (ISPM-15) for material originating from the contracting countries to the International Plant Protection Convention or the members of Food amp Agriculture Organization Material from non-contracting parties would have to be accompanied by a phytosanitary certificate of the treatment endorsed The Custom Officer at Indian Port shall not release the material without appropriate compliance of the above provisions wef 01112004

1512 The packing specification incorporated herein are supplementary to the internal and

external packing methods and standards as per current general rules of JRA Good Tariff Part-I All packaging shall be done in such a manner as to reduce volume as much as possible

1513 Fragile articles should be packed with special packing materials depending on the type of

Materials and the packing shall bear the words HANDLE WITH CARE GLASS FRAGILE DONT ROLL THIS END UP THIS END DOWN to be indicated by arrow

1514 Chemicals in powder form catalyst refractories and like materials etc shall be packed in

drums cans and tins only However Catalyst may be supplied in Jumbo bags

24 | P a g e

1515 The hazardous materials shall be packed in accordance with the applicable rules regulations and tariff of all cognizant Government Authorities and other Governing bodies It shall be the responsibility of the seller of hazardous materials to designate the material as hazardous and to identify each material by its proper commodity name and its hazardous material class code

1516 All packages requiring handling by crane should have sufficient space at appropriate place

to put sling of suitable dia (strength) IronSteel angle should be provided at the place where sling marking are made to avoid damage to package equipment while lifting

1517 Item shipped in bundles must be securely tied with steel wire or strapping Steel reinforcing

rods bars pipes structural members etc shall be bundled in uniform lengths and the weight shall be within the breaking strength of the securing wire or strapping

In the case of imports for bundles the shipping marks shall be embossed on metal or

similar tag and wired securely on each end 1518 All delicate surfaces on equipment materials should be carefully protected and printed

with protective paintcompound and wrapped to prevent rusting and damage 1519 All mechanical and electrical equipment and other heavy articles shall be securely fastened

to the case bottom and shall be blocked and braced to avoid any displacement shifting during transit

15110 Attachments and spare parts of equipment and all small pieces shall be packed separately

in wooden cases with adequate protection inside the case and wherever possible should be sent along with the main equipment Each item shall be suitably tagged with identification of main equipment item denomination and reference number of respective assembly drawing Each item of steel structure and furnaces shall be identified with two erection markings with minimum lettering height of 15mm Such markings will be followed by the collection numbers in indelible inkpaint A copy of the packing list shall accompany the materials in each package

15111 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted

wooden disc on the flanges All nozzles holes and openings and also all delicate surfaces shall be carefully protected against damage and bad weather All manufactured surfaces shall be painted with rust proof paint

In the case of imports for bulk uniform material when packed in several cases progressive

serial numbers shall be indicated on each case 15112 Wherever required equipment materials instruments shall be enveloped in polythene

bags containing silicagel or similar dehydrating compound

15113 Pipes shall be packed as under (a) Upto 50mm NB in wooden cases crates (b) Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimum

three places (c) Above 100mm NB in loose

25 | P a g e

15114 Pipes and tubes of stainless steel copper etc shall be packed in wooden cases irrespective of their sizes

15115 Pipes with threaded or flanged ends shall be protected with suitable caps covers before

packing In the case of imports all pipes and sheets shall be marked with strips bearing progressive no

15116 Detailed packing list in waterproof envelope shall be inserted in the package together with

equipmentmaterials One copy of the detailed packing list shall be fastened outside of the package in waterproof envelope and covered by metal cover

15117 The supplier shall be held liable for all damages or breakages to the goods due to the

defective or insufficient packing as well as for corrosion due to insufficient protection 15118 Packaged equipment or materials showing damage defects or shortages resulting from

improper packaging materials or packing procedures or having concealed damages or shortages at the time of unpacking shall be to the supplierrsquos account

All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearly indicated and marked ldquoATTENTION SPECIAL LOAD HANDLE WITH CARErdquo both in English Hindi Languages

In the case of imports a distinct colour splash in say red black around each package crate

bundle shall be given for identification 15119 Along with the packed material supplier should attach material list manualsinstructions

and also the Inspection certificate release note wherever applicable 152 MARKING The following details to be written on the side face of packing

a) Purchase Order Number b) Vendor Name c) Batch no with manufacturing date d) Procedure (in brief) for handling e) Date of dispatch etc

153 IMPORTED ITEMS On three sides of the packages the following marks shall appear clearly

visible with indelible paint and on Vendors care and expenses

BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions) From To Bharat Petroleum Corporation Limited (With detailed address as given in Special Purchase Conditions) Order No Rev No Item Equipment Nomenclature Net weight Kgs

26 | P a g e

Gross weight Kgs Case No of Total cases Dimensions Import License No NOTE Marking shall be bold - minimum letter height 5 cm For every order and every shipment packages must be marked with serial progressive numbering Top heavy containers shall be so marked either Top Heavy or Heavy Ends When packing material is clean and light coloured a dark black stencil paint shall be acceptable However where packaging material is soiled or dark a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings In case of large equipments like vessels heat exchangers etc the envelope containing the documents shall be fastened inside a shell connection with an identifying arrow sign documents using indelible paint

16 DELIVERY 161 Unless otherwise mentioned Vendor is requested to quote their best delivery schedule

from the date of receipt of Purchase order 162 Time being the essence of this contract the delivery mentioned in the purchase order shall

be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner Goods should be delivered securely packed and in good order and condition at the place of delivery and within the time specified in the purchase order for their delivery

163 The contractual delivery period is inclusive of all the lead time for engineering

procurement of raw material the manufacturing inspection testing packing transportation or any other activity whatsoever required to be accomplished for affecting the delivery at the required delivery point

164 Unless otherwise specified Material(s) shall not be despatched without prior inspection

andor testing and Release OrderMaterial(s) Acceptance Certificate issued by the Inspector(s)

165 BPCL shall have the right to advise any change in despatch point or destination in respect

of any Material(s) Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence will be reimbursed to the Vendor by BPCL

17 UNLOADING AND STACKING

Unloading and stacking will be arranged by BPCL The Vendor shall send BPCL information of the proposed consignment well in advance by telegramfaxe-mailcourier to enable BPCL to take necessary action

18 TRANSIT INSURANCE

27 | P a g e

Unless otherwise mentioned 181 Transit Insurance shall be in the vendorrsquos scope in the case of inland transportation of

goods 182 In the case of imports insurance against all marine and transit risk shall be covered under

the Owners marine policy However the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carriers responsibility is fully retained on the Carriers so that the consignees interests are fully secured and are in no way jeopardized

182 The Vendor shall send BPCL information of the proposed consignment well in advance by

faxe-mailcourier to enable BPCL to take necessary action for the transit insurance of the consignment Any failure by the Vendor to do so shall place the consignment at the Vendorrsquos risk

183 In the case of imports as soon as any shipment is made the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Limited (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments vessels name port of shipment bill of lading number and date total FOB and freight value

19 VALIDITY OF OFFER

The rates quoted against this tender shall be valid for a period of 180 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions

20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 201 The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered

to on the clear understanding that the Price(s) of the Material(s) hashave been fixed with reference to the said Delivery date(s)

202 If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them

beyond the stipulated date(s) of Delivery the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay and shall promptly keep BPCL informed of all subsequent developments

203 The delivery period quoted must be realistic amp specific The inability of successful Vendors

to execute orders in accordance with the agreed delivery schedule will entitle BPCL at its options to

2031 Accept delayed delivery at prices reduced by a sum equivalent to half percent (05) of the

basic value of any goods not delivered for every week of delay or part thereof limited to a maximum of 5 of the total basic order value LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract Date of receipt of materials at ownerrsquos premises shall be considered for calculation of price reduction for FOR destination contract

In the case of imports the contractual delivery date shall be considered from the date of Letter of Credit (LC) or the date of LC amendment because of Buyerrsquos fault plus one week

28 | P a g e

(to take care of transit time for receipt of LC) plus the delivery schedule as indicated by the vendors

In case of the shipment taking place on ldquoCash against documentsrdquo the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period

Further the date of BL or House airway bill shall be considered to find out the delay with respect to contractual delivery date In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any So vendor shall inform the readiness of material for shipment on FOB (Free on Board) basis FCA (Free on Carrier) basis

2032 Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor without prejudice to its right under 2031 above in respect of goods delivered

21 RISK PURCHASE CLAUSE

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms amp conditions of the order BPCL also reserves the right to procure the same or similar materialsequipment through other sources at vendors entire risk cost and consequences Further the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement

22 FORCE MAJEURE Circumstances leading to force majeure (a) Act of terrorism

(b) Riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection of military or usurped power (c) Ionising radiation or contamination radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component

(d) epidemics earthquakes flood fire hurricanes typhoons or other physical natural disaster but excluding weather conditions regardless of severity and

(e) freight embargoes strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract For the avoidance of doubt inclement weather third party breach delay in supply of materials (other than due to a nationwide transportersrsquo strike) or commercial hardship shall not constitute a Force Majeure event bull Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

23 | P a g e

However in respect of (c) and (d) above the Indian branch of foreign banks should be recognized as scheduled bank by Reserve Bank of India

142 If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG (ie

PBG issued against every purchase call off order) then the validity of PBG will be calculated as mentioned below

1421 Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate Contract

Period (validity of Rate Contract) + Contractual Delivery Period of material + Contractual Guarantee period + 6 month (for invocation Claim)

143 You may use following Bank details for SFMS PBG

Name of Bank State Bank of India Branch CAG Branch Mumbai Account No 11083980831 IFSC Code SBIN0009995

15 PACKING amp MARKING 151 PACKING 1511 Packing shall withstand the hazards normally encountered with the means of transport for

the goods of this purchase order including loading and unloading operation both by crane and by pushing off

In the case of imports all equipments materials shall be suitably packed in weather proof

seaworthy packing for ocean transport under tropical conditions and for rail or road or other appropriate transport in India The packing shall be strong and efficient enough to ensure safe preservance upto the final point of destination

RawSolid wood packaging material of imported items has to be appropriately treated amp

marked as per International Standard of Phytosanitary Measures (ISPM-15) for material originating from the contracting countries to the International Plant Protection Convention or the members of Food amp Agriculture Organization Material from non-contracting parties would have to be accompanied by a phytosanitary certificate of the treatment endorsed The Custom Officer at Indian Port shall not release the material without appropriate compliance of the above provisions wef 01112004

1512 The packing specification incorporated herein are supplementary to the internal and

external packing methods and standards as per current general rules of JRA Good Tariff Part-I All packaging shall be done in such a manner as to reduce volume as much as possible

1513 Fragile articles should be packed with special packing materials depending on the type of

Materials and the packing shall bear the words HANDLE WITH CARE GLASS FRAGILE DONT ROLL THIS END UP THIS END DOWN to be indicated by arrow

1514 Chemicals in powder form catalyst refractories and like materials etc shall be packed in

drums cans and tins only However Catalyst may be supplied in Jumbo bags

24 | P a g e

1515 The hazardous materials shall be packed in accordance with the applicable rules regulations and tariff of all cognizant Government Authorities and other Governing bodies It shall be the responsibility of the seller of hazardous materials to designate the material as hazardous and to identify each material by its proper commodity name and its hazardous material class code

1516 All packages requiring handling by crane should have sufficient space at appropriate place

to put sling of suitable dia (strength) IronSteel angle should be provided at the place where sling marking are made to avoid damage to package equipment while lifting

1517 Item shipped in bundles must be securely tied with steel wire or strapping Steel reinforcing

rods bars pipes structural members etc shall be bundled in uniform lengths and the weight shall be within the breaking strength of the securing wire or strapping

In the case of imports for bundles the shipping marks shall be embossed on metal or

similar tag and wired securely on each end 1518 All delicate surfaces on equipment materials should be carefully protected and printed

with protective paintcompound and wrapped to prevent rusting and damage 1519 All mechanical and electrical equipment and other heavy articles shall be securely fastened

to the case bottom and shall be blocked and braced to avoid any displacement shifting during transit

15110 Attachments and spare parts of equipment and all small pieces shall be packed separately

in wooden cases with adequate protection inside the case and wherever possible should be sent along with the main equipment Each item shall be suitably tagged with identification of main equipment item denomination and reference number of respective assembly drawing Each item of steel structure and furnaces shall be identified with two erection markings with minimum lettering height of 15mm Such markings will be followed by the collection numbers in indelible inkpaint A copy of the packing list shall accompany the materials in each package

15111 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted

wooden disc on the flanges All nozzles holes and openings and also all delicate surfaces shall be carefully protected against damage and bad weather All manufactured surfaces shall be painted with rust proof paint

In the case of imports for bulk uniform material when packed in several cases progressive

serial numbers shall be indicated on each case 15112 Wherever required equipment materials instruments shall be enveloped in polythene

bags containing silicagel or similar dehydrating compound

15113 Pipes shall be packed as under (a) Upto 50mm NB in wooden cases crates (b) Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimum

three places (c) Above 100mm NB in loose

25 | P a g e

15114 Pipes and tubes of stainless steel copper etc shall be packed in wooden cases irrespective of their sizes

15115 Pipes with threaded or flanged ends shall be protected with suitable caps covers before

packing In the case of imports all pipes and sheets shall be marked with strips bearing progressive no

15116 Detailed packing list in waterproof envelope shall be inserted in the package together with

equipmentmaterials One copy of the detailed packing list shall be fastened outside of the package in waterproof envelope and covered by metal cover

15117 The supplier shall be held liable for all damages or breakages to the goods due to the

defective or insufficient packing as well as for corrosion due to insufficient protection 15118 Packaged equipment or materials showing damage defects or shortages resulting from

improper packaging materials or packing procedures or having concealed damages or shortages at the time of unpacking shall be to the supplierrsquos account

All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearly indicated and marked ldquoATTENTION SPECIAL LOAD HANDLE WITH CARErdquo both in English Hindi Languages

In the case of imports a distinct colour splash in say red black around each package crate

bundle shall be given for identification 15119 Along with the packed material supplier should attach material list manualsinstructions

and also the Inspection certificate release note wherever applicable 152 MARKING The following details to be written on the side face of packing

a) Purchase Order Number b) Vendor Name c) Batch no with manufacturing date d) Procedure (in brief) for handling e) Date of dispatch etc

153 IMPORTED ITEMS On three sides of the packages the following marks shall appear clearly

visible with indelible paint and on Vendors care and expenses

BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions) From To Bharat Petroleum Corporation Limited (With detailed address as given in Special Purchase Conditions) Order No Rev No Item Equipment Nomenclature Net weight Kgs

26 | P a g e

Gross weight Kgs Case No of Total cases Dimensions Import License No NOTE Marking shall be bold - minimum letter height 5 cm For every order and every shipment packages must be marked with serial progressive numbering Top heavy containers shall be so marked either Top Heavy or Heavy Ends When packing material is clean and light coloured a dark black stencil paint shall be acceptable However where packaging material is soiled or dark a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings In case of large equipments like vessels heat exchangers etc the envelope containing the documents shall be fastened inside a shell connection with an identifying arrow sign documents using indelible paint

16 DELIVERY 161 Unless otherwise mentioned Vendor is requested to quote their best delivery schedule

from the date of receipt of Purchase order 162 Time being the essence of this contract the delivery mentioned in the purchase order shall

be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner Goods should be delivered securely packed and in good order and condition at the place of delivery and within the time specified in the purchase order for their delivery

163 The contractual delivery period is inclusive of all the lead time for engineering

procurement of raw material the manufacturing inspection testing packing transportation or any other activity whatsoever required to be accomplished for affecting the delivery at the required delivery point

164 Unless otherwise specified Material(s) shall not be despatched without prior inspection

andor testing and Release OrderMaterial(s) Acceptance Certificate issued by the Inspector(s)

165 BPCL shall have the right to advise any change in despatch point or destination in respect

of any Material(s) Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence will be reimbursed to the Vendor by BPCL

17 UNLOADING AND STACKING

Unloading and stacking will be arranged by BPCL The Vendor shall send BPCL information of the proposed consignment well in advance by telegramfaxe-mailcourier to enable BPCL to take necessary action

18 TRANSIT INSURANCE

27 | P a g e

Unless otherwise mentioned 181 Transit Insurance shall be in the vendorrsquos scope in the case of inland transportation of

goods 182 In the case of imports insurance against all marine and transit risk shall be covered under

the Owners marine policy However the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carriers responsibility is fully retained on the Carriers so that the consignees interests are fully secured and are in no way jeopardized

182 The Vendor shall send BPCL information of the proposed consignment well in advance by

faxe-mailcourier to enable BPCL to take necessary action for the transit insurance of the consignment Any failure by the Vendor to do so shall place the consignment at the Vendorrsquos risk

183 In the case of imports as soon as any shipment is made the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Limited (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments vessels name port of shipment bill of lading number and date total FOB and freight value

19 VALIDITY OF OFFER

The rates quoted against this tender shall be valid for a period of 180 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions

20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 201 The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered

to on the clear understanding that the Price(s) of the Material(s) hashave been fixed with reference to the said Delivery date(s)

202 If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them

beyond the stipulated date(s) of Delivery the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay and shall promptly keep BPCL informed of all subsequent developments

203 The delivery period quoted must be realistic amp specific The inability of successful Vendors

to execute orders in accordance with the agreed delivery schedule will entitle BPCL at its options to

2031 Accept delayed delivery at prices reduced by a sum equivalent to half percent (05) of the

basic value of any goods not delivered for every week of delay or part thereof limited to a maximum of 5 of the total basic order value LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract Date of receipt of materials at ownerrsquos premises shall be considered for calculation of price reduction for FOR destination contract

In the case of imports the contractual delivery date shall be considered from the date of Letter of Credit (LC) or the date of LC amendment because of Buyerrsquos fault plus one week

28 | P a g e

(to take care of transit time for receipt of LC) plus the delivery schedule as indicated by the vendors

In case of the shipment taking place on ldquoCash against documentsrdquo the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period

Further the date of BL or House airway bill shall be considered to find out the delay with respect to contractual delivery date In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any So vendor shall inform the readiness of material for shipment on FOB (Free on Board) basis FCA (Free on Carrier) basis

2032 Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor without prejudice to its right under 2031 above in respect of goods delivered

21 RISK PURCHASE CLAUSE

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms amp conditions of the order BPCL also reserves the right to procure the same or similar materialsequipment through other sources at vendors entire risk cost and consequences Further the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement

22 FORCE MAJEURE Circumstances leading to force majeure (a) Act of terrorism

(b) Riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection of military or usurped power (c) Ionising radiation or contamination radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component

(d) epidemics earthquakes flood fire hurricanes typhoons or other physical natural disaster but excluding weather conditions regardless of severity and

(e) freight embargoes strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract For the avoidance of doubt inclement weather third party breach delay in supply of materials (other than due to a nationwide transportersrsquo strike) or commercial hardship shall not constitute a Force Majeure event bull Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

24 | P a g e

1515 The hazardous materials shall be packed in accordance with the applicable rules regulations and tariff of all cognizant Government Authorities and other Governing bodies It shall be the responsibility of the seller of hazardous materials to designate the material as hazardous and to identify each material by its proper commodity name and its hazardous material class code

1516 All packages requiring handling by crane should have sufficient space at appropriate place

to put sling of suitable dia (strength) IronSteel angle should be provided at the place where sling marking are made to avoid damage to package equipment while lifting

1517 Item shipped in bundles must be securely tied with steel wire or strapping Steel reinforcing

rods bars pipes structural members etc shall be bundled in uniform lengths and the weight shall be within the breaking strength of the securing wire or strapping

In the case of imports for bundles the shipping marks shall be embossed on metal or

similar tag and wired securely on each end 1518 All delicate surfaces on equipment materials should be carefully protected and printed

with protective paintcompound and wrapped to prevent rusting and damage 1519 All mechanical and electrical equipment and other heavy articles shall be securely fastened

to the case bottom and shall be blocked and braced to avoid any displacement shifting during transit

15110 Attachments and spare parts of equipment and all small pieces shall be packed separately

in wooden cases with adequate protection inside the case and wherever possible should be sent along with the main equipment Each item shall be suitably tagged with identification of main equipment item denomination and reference number of respective assembly drawing Each item of steel structure and furnaces shall be identified with two erection markings with minimum lettering height of 15mm Such markings will be followed by the collection numbers in indelible inkpaint A copy of the packing list shall accompany the materials in each package

15111 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted

wooden disc on the flanges All nozzles holes and openings and also all delicate surfaces shall be carefully protected against damage and bad weather All manufactured surfaces shall be painted with rust proof paint

In the case of imports for bulk uniform material when packed in several cases progressive

serial numbers shall be indicated on each case 15112 Wherever required equipment materials instruments shall be enveloped in polythene

bags containing silicagel or similar dehydrating compound

15113 Pipes shall be packed as under (a) Upto 50mm NB in wooden cases crates (b) Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimum

three places (c) Above 100mm NB in loose

25 | P a g e

15114 Pipes and tubes of stainless steel copper etc shall be packed in wooden cases irrespective of their sizes

15115 Pipes with threaded or flanged ends shall be protected with suitable caps covers before

packing In the case of imports all pipes and sheets shall be marked with strips bearing progressive no

15116 Detailed packing list in waterproof envelope shall be inserted in the package together with

equipmentmaterials One copy of the detailed packing list shall be fastened outside of the package in waterproof envelope and covered by metal cover

15117 The supplier shall be held liable for all damages or breakages to the goods due to the

defective or insufficient packing as well as for corrosion due to insufficient protection 15118 Packaged equipment or materials showing damage defects or shortages resulting from

improper packaging materials or packing procedures or having concealed damages or shortages at the time of unpacking shall be to the supplierrsquos account

All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearly indicated and marked ldquoATTENTION SPECIAL LOAD HANDLE WITH CARErdquo both in English Hindi Languages

In the case of imports a distinct colour splash in say red black around each package crate

bundle shall be given for identification 15119 Along with the packed material supplier should attach material list manualsinstructions

and also the Inspection certificate release note wherever applicable 152 MARKING The following details to be written on the side face of packing

a) Purchase Order Number b) Vendor Name c) Batch no with manufacturing date d) Procedure (in brief) for handling e) Date of dispatch etc

153 IMPORTED ITEMS On three sides of the packages the following marks shall appear clearly

visible with indelible paint and on Vendors care and expenses

BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions) From To Bharat Petroleum Corporation Limited (With detailed address as given in Special Purchase Conditions) Order No Rev No Item Equipment Nomenclature Net weight Kgs

26 | P a g e

Gross weight Kgs Case No of Total cases Dimensions Import License No NOTE Marking shall be bold - minimum letter height 5 cm For every order and every shipment packages must be marked with serial progressive numbering Top heavy containers shall be so marked either Top Heavy or Heavy Ends When packing material is clean and light coloured a dark black stencil paint shall be acceptable However where packaging material is soiled or dark a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings In case of large equipments like vessels heat exchangers etc the envelope containing the documents shall be fastened inside a shell connection with an identifying arrow sign documents using indelible paint

16 DELIVERY 161 Unless otherwise mentioned Vendor is requested to quote their best delivery schedule

from the date of receipt of Purchase order 162 Time being the essence of this contract the delivery mentioned in the purchase order shall

be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner Goods should be delivered securely packed and in good order and condition at the place of delivery and within the time specified in the purchase order for their delivery

163 The contractual delivery period is inclusive of all the lead time for engineering

procurement of raw material the manufacturing inspection testing packing transportation or any other activity whatsoever required to be accomplished for affecting the delivery at the required delivery point

164 Unless otherwise specified Material(s) shall not be despatched without prior inspection

andor testing and Release OrderMaterial(s) Acceptance Certificate issued by the Inspector(s)

165 BPCL shall have the right to advise any change in despatch point or destination in respect

of any Material(s) Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence will be reimbursed to the Vendor by BPCL

17 UNLOADING AND STACKING

Unloading and stacking will be arranged by BPCL The Vendor shall send BPCL information of the proposed consignment well in advance by telegramfaxe-mailcourier to enable BPCL to take necessary action

18 TRANSIT INSURANCE

27 | P a g e

Unless otherwise mentioned 181 Transit Insurance shall be in the vendorrsquos scope in the case of inland transportation of

goods 182 In the case of imports insurance against all marine and transit risk shall be covered under

the Owners marine policy However the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carriers responsibility is fully retained on the Carriers so that the consignees interests are fully secured and are in no way jeopardized

182 The Vendor shall send BPCL information of the proposed consignment well in advance by

faxe-mailcourier to enable BPCL to take necessary action for the transit insurance of the consignment Any failure by the Vendor to do so shall place the consignment at the Vendorrsquos risk

183 In the case of imports as soon as any shipment is made the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Limited (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments vessels name port of shipment bill of lading number and date total FOB and freight value

19 VALIDITY OF OFFER

The rates quoted against this tender shall be valid for a period of 180 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions

20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 201 The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered

to on the clear understanding that the Price(s) of the Material(s) hashave been fixed with reference to the said Delivery date(s)

202 If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them

beyond the stipulated date(s) of Delivery the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay and shall promptly keep BPCL informed of all subsequent developments

203 The delivery period quoted must be realistic amp specific The inability of successful Vendors

to execute orders in accordance with the agreed delivery schedule will entitle BPCL at its options to

2031 Accept delayed delivery at prices reduced by a sum equivalent to half percent (05) of the

basic value of any goods not delivered for every week of delay or part thereof limited to a maximum of 5 of the total basic order value LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract Date of receipt of materials at ownerrsquos premises shall be considered for calculation of price reduction for FOR destination contract

In the case of imports the contractual delivery date shall be considered from the date of Letter of Credit (LC) or the date of LC amendment because of Buyerrsquos fault plus one week

28 | P a g e

(to take care of transit time for receipt of LC) plus the delivery schedule as indicated by the vendors

In case of the shipment taking place on ldquoCash against documentsrdquo the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period

Further the date of BL or House airway bill shall be considered to find out the delay with respect to contractual delivery date In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any So vendor shall inform the readiness of material for shipment on FOB (Free on Board) basis FCA (Free on Carrier) basis

2032 Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor without prejudice to its right under 2031 above in respect of goods delivered

21 RISK PURCHASE CLAUSE

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms amp conditions of the order BPCL also reserves the right to procure the same or similar materialsequipment through other sources at vendors entire risk cost and consequences Further the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement

22 FORCE MAJEURE Circumstances leading to force majeure (a) Act of terrorism

(b) Riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection of military or usurped power (c) Ionising radiation or contamination radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component

(d) epidemics earthquakes flood fire hurricanes typhoons or other physical natural disaster but excluding weather conditions regardless of severity and

(e) freight embargoes strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract For the avoidance of doubt inclement weather third party breach delay in supply of materials (other than due to a nationwide transportersrsquo strike) or commercial hardship shall not constitute a Force Majeure event bull Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

25 | P a g e

15114 Pipes and tubes of stainless steel copper etc shall be packed in wooden cases irrespective of their sizes

15115 Pipes with threaded or flanged ends shall be protected with suitable caps covers before

packing In the case of imports all pipes and sheets shall be marked with strips bearing progressive no

15116 Detailed packing list in waterproof envelope shall be inserted in the package together with

equipmentmaterials One copy of the detailed packing list shall be fastened outside of the package in waterproof envelope and covered by metal cover

15117 The supplier shall be held liable for all damages or breakages to the goods due to the

defective or insufficient packing as well as for corrosion due to insufficient protection 15118 Packaged equipment or materials showing damage defects or shortages resulting from

improper packaging materials or packing procedures or having concealed damages or shortages at the time of unpacking shall be to the supplierrsquos account

All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearly indicated and marked ldquoATTENTION SPECIAL LOAD HANDLE WITH CARErdquo both in English Hindi Languages

In the case of imports a distinct colour splash in say red black around each package crate

bundle shall be given for identification 15119 Along with the packed material supplier should attach material list manualsinstructions

and also the Inspection certificate release note wherever applicable 152 MARKING The following details to be written on the side face of packing

a) Purchase Order Number b) Vendor Name c) Batch no with manufacturing date d) Procedure (in brief) for handling e) Date of dispatch etc

153 IMPORTED ITEMS On three sides of the packages the following marks shall appear clearly

visible with indelible paint and on Vendors care and expenses

BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions) From To Bharat Petroleum Corporation Limited (With detailed address as given in Special Purchase Conditions) Order No Rev No Item Equipment Nomenclature Net weight Kgs

26 | P a g e

Gross weight Kgs Case No of Total cases Dimensions Import License No NOTE Marking shall be bold - minimum letter height 5 cm For every order and every shipment packages must be marked with serial progressive numbering Top heavy containers shall be so marked either Top Heavy or Heavy Ends When packing material is clean and light coloured a dark black stencil paint shall be acceptable However where packaging material is soiled or dark a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings In case of large equipments like vessels heat exchangers etc the envelope containing the documents shall be fastened inside a shell connection with an identifying arrow sign documents using indelible paint

16 DELIVERY 161 Unless otherwise mentioned Vendor is requested to quote their best delivery schedule

from the date of receipt of Purchase order 162 Time being the essence of this contract the delivery mentioned in the purchase order shall

be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner Goods should be delivered securely packed and in good order and condition at the place of delivery and within the time specified in the purchase order for their delivery

163 The contractual delivery period is inclusive of all the lead time for engineering

procurement of raw material the manufacturing inspection testing packing transportation or any other activity whatsoever required to be accomplished for affecting the delivery at the required delivery point

164 Unless otherwise specified Material(s) shall not be despatched without prior inspection

andor testing and Release OrderMaterial(s) Acceptance Certificate issued by the Inspector(s)

165 BPCL shall have the right to advise any change in despatch point or destination in respect

of any Material(s) Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence will be reimbursed to the Vendor by BPCL

17 UNLOADING AND STACKING

Unloading and stacking will be arranged by BPCL The Vendor shall send BPCL information of the proposed consignment well in advance by telegramfaxe-mailcourier to enable BPCL to take necessary action

18 TRANSIT INSURANCE

27 | P a g e

Unless otherwise mentioned 181 Transit Insurance shall be in the vendorrsquos scope in the case of inland transportation of

goods 182 In the case of imports insurance against all marine and transit risk shall be covered under

the Owners marine policy However the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carriers responsibility is fully retained on the Carriers so that the consignees interests are fully secured and are in no way jeopardized

182 The Vendor shall send BPCL information of the proposed consignment well in advance by

faxe-mailcourier to enable BPCL to take necessary action for the transit insurance of the consignment Any failure by the Vendor to do so shall place the consignment at the Vendorrsquos risk

183 In the case of imports as soon as any shipment is made the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Limited (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments vessels name port of shipment bill of lading number and date total FOB and freight value

19 VALIDITY OF OFFER

The rates quoted against this tender shall be valid for a period of 180 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions

20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 201 The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered

to on the clear understanding that the Price(s) of the Material(s) hashave been fixed with reference to the said Delivery date(s)

202 If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them

beyond the stipulated date(s) of Delivery the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay and shall promptly keep BPCL informed of all subsequent developments

203 The delivery period quoted must be realistic amp specific The inability of successful Vendors

to execute orders in accordance with the agreed delivery schedule will entitle BPCL at its options to

2031 Accept delayed delivery at prices reduced by a sum equivalent to half percent (05) of the

basic value of any goods not delivered for every week of delay or part thereof limited to a maximum of 5 of the total basic order value LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract Date of receipt of materials at ownerrsquos premises shall be considered for calculation of price reduction for FOR destination contract

In the case of imports the contractual delivery date shall be considered from the date of Letter of Credit (LC) or the date of LC amendment because of Buyerrsquos fault plus one week

28 | P a g e

(to take care of transit time for receipt of LC) plus the delivery schedule as indicated by the vendors

In case of the shipment taking place on ldquoCash against documentsrdquo the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period

Further the date of BL or House airway bill shall be considered to find out the delay with respect to contractual delivery date In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any So vendor shall inform the readiness of material for shipment on FOB (Free on Board) basis FCA (Free on Carrier) basis

2032 Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor without prejudice to its right under 2031 above in respect of goods delivered

21 RISK PURCHASE CLAUSE

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms amp conditions of the order BPCL also reserves the right to procure the same or similar materialsequipment through other sources at vendors entire risk cost and consequences Further the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement

22 FORCE MAJEURE Circumstances leading to force majeure (a) Act of terrorism

(b) Riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection of military or usurped power (c) Ionising radiation or contamination radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component

(d) epidemics earthquakes flood fire hurricanes typhoons or other physical natural disaster but excluding weather conditions regardless of severity and

(e) freight embargoes strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract For the avoidance of doubt inclement weather third party breach delay in supply of materials (other than due to a nationwide transportersrsquo strike) or commercial hardship shall not constitute a Force Majeure event bull Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

26 | P a g e

Gross weight Kgs Case No of Total cases Dimensions Import License No NOTE Marking shall be bold - minimum letter height 5 cm For every order and every shipment packages must be marked with serial progressive numbering Top heavy containers shall be so marked either Top Heavy or Heavy Ends When packing material is clean and light coloured a dark black stencil paint shall be acceptable However where packaging material is soiled or dark a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings In case of large equipments like vessels heat exchangers etc the envelope containing the documents shall be fastened inside a shell connection with an identifying arrow sign documents using indelible paint

16 DELIVERY 161 Unless otherwise mentioned Vendor is requested to quote their best delivery schedule

from the date of receipt of Purchase order 162 Time being the essence of this contract the delivery mentioned in the purchase order shall

be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner Goods should be delivered securely packed and in good order and condition at the place of delivery and within the time specified in the purchase order for their delivery

163 The contractual delivery period is inclusive of all the lead time for engineering

procurement of raw material the manufacturing inspection testing packing transportation or any other activity whatsoever required to be accomplished for affecting the delivery at the required delivery point

164 Unless otherwise specified Material(s) shall not be despatched without prior inspection

andor testing and Release OrderMaterial(s) Acceptance Certificate issued by the Inspector(s)

165 BPCL shall have the right to advise any change in despatch point or destination in respect

of any Material(s) Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence will be reimbursed to the Vendor by BPCL

17 UNLOADING AND STACKING

Unloading and stacking will be arranged by BPCL The Vendor shall send BPCL information of the proposed consignment well in advance by telegramfaxe-mailcourier to enable BPCL to take necessary action

18 TRANSIT INSURANCE

27 | P a g e

Unless otherwise mentioned 181 Transit Insurance shall be in the vendorrsquos scope in the case of inland transportation of

goods 182 In the case of imports insurance against all marine and transit risk shall be covered under

the Owners marine policy However the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carriers responsibility is fully retained on the Carriers so that the consignees interests are fully secured and are in no way jeopardized

182 The Vendor shall send BPCL information of the proposed consignment well in advance by

faxe-mailcourier to enable BPCL to take necessary action for the transit insurance of the consignment Any failure by the Vendor to do so shall place the consignment at the Vendorrsquos risk

183 In the case of imports as soon as any shipment is made the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Limited (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments vessels name port of shipment bill of lading number and date total FOB and freight value

19 VALIDITY OF OFFER

The rates quoted against this tender shall be valid for a period of 180 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions

20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 201 The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered

to on the clear understanding that the Price(s) of the Material(s) hashave been fixed with reference to the said Delivery date(s)

202 If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them

beyond the stipulated date(s) of Delivery the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay and shall promptly keep BPCL informed of all subsequent developments

203 The delivery period quoted must be realistic amp specific The inability of successful Vendors

to execute orders in accordance with the agreed delivery schedule will entitle BPCL at its options to

2031 Accept delayed delivery at prices reduced by a sum equivalent to half percent (05) of the

basic value of any goods not delivered for every week of delay or part thereof limited to a maximum of 5 of the total basic order value LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract Date of receipt of materials at ownerrsquos premises shall be considered for calculation of price reduction for FOR destination contract

In the case of imports the contractual delivery date shall be considered from the date of Letter of Credit (LC) or the date of LC amendment because of Buyerrsquos fault plus one week

28 | P a g e

(to take care of transit time for receipt of LC) plus the delivery schedule as indicated by the vendors

In case of the shipment taking place on ldquoCash against documentsrdquo the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period

Further the date of BL or House airway bill shall be considered to find out the delay with respect to contractual delivery date In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any So vendor shall inform the readiness of material for shipment on FOB (Free on Board) basis FCA (Free on Carrier) basis

2032 Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor without prejudice to its right under 2031 above in respect of goods delivered

21 RISK PURCHASE CLAUSE

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms amp conditions of the order BPCL also reserves the right to procure the same or similar materialsequipment through other sources at vendors entire risk cost and consequences Further the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement

22 FORCE MAJEURE Circumstances leading to force majeure (a) Act of terrorism

(b) Riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection of military or usurped power (c) Ionising radiation or contamination radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component

(d) epidemics earthquakes flood fire hurricanes typhoons or other physical natural disaster but excluding weather conditions regardless of severity and

(e) freight embargoes strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract For the avoidance of doubt inclement weather third party breach delay in supply of materials (other than due to a nationwide transportersrsquo strike) or commercial hardship shall not constitute a Force Majeure event bull Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

27 | P a g e

Unless otherwise mentioned 181 Transit Insurance shall be in the vendorrsquos scope in the case of inland transportation of

goods 182 In the case of imports insurance against all marine and transit risk shall be covered under

the Owners marine policy However the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carriers responsibility is fully retained on the Carriers so that the consignees interests are fully secured and are in no way jeopardized

182 The Vendor shall send BPCL information of the proposed consignment well in advance by

faxe-mailcourier to enable BPCL to take necessary action for the transit insurance of the consignment Any failure by the Vendor to do so shall place the consignment at the Vendorrsquos risk

183 In the case of imports as soon as any shipment is made the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Limited (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments vessels name port of shipment bill of lading number and date total FOB and freight value

19 VALIDITY OF OFFER

The rates quoted against this tender shall be valid for a period of 180 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions

20 DELIVERY DATES AND PRICE REDUCTION SCHEDULE 201 The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered

to on the clear understanding that the Price(s) of the Material(s) hashave been fixed with reference to the said Delivery date(s)

202 If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them

beyond the stipulated date(s) of Delivery the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay and shall promptly keep BPCL informed of all subsequent developments

203 The delivery period quoted must be realistic amp specific The inability of successful Vendors

to execute orders in accordance with the agreed delivery schedule will entitle BPCL at its options to

2031 Accept delayed delivery at prices reduced by a sum equivalent to half percent (05) of the

basic value of any goods not delivered for every week of delay or part thereof limited to a maximum of 5 of the total basic order value LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract Date of receipt of materials at ownerrsquos premises shall be considered for calculation of price reduction for FOR destination contract

In the case of imports the contractual delivery date shall be considered from the date of Letter of Credit (LC) or the date of LC amendment because of Buyerrsquos fault plus one week

28 | P a g e

(to take care of transit time for receipt of LC) plus the delivery schedule as indicated by the vendors

In case of the shipment taking place on ldquoCash against documentsrdquo the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period

Further the date of BL or House airway bill shall be considered to find out the delay with respect to contractual delivery date In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any So vendor shall inform the readiness of material for shipment on FOB (Free on Board) basis FCA (Free on Carrier) basis

2032 Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor without prejudice to its right under 2031 above in respect of goods delivered

21 RISK PURCHASE CLAUSE

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms amp conditions of the order BPCL also reserves the right to procure the same or similar materialsequipment through other sources at vendors entire risk cost and consequences Further the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement

22 FORCE MAJEURE Circumstances leading to force majeure (a) Act of terrorism

(b) Riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection of military or usurped power (c) Ionising radiation or contamination radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component

(d) epidemics earthquakes flood fire hurricanes typhoons or other physical natural disaster but excluding weather conditions regardless of severity and

(e) freight embargoes strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract For the avoidance of doubt inclement weather third party breach delay in supply of materials (other than due to a nationwide transportersrsquo strike) or commercial hardship shall not constitute a Force Majeure event bull Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

28 | P a g e

(to take care of transit time for receipt of LC) plus the delivery schedule as indicated by the vendors

In case of the shipment taking place on ldquoCash against documentsrdquo the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period

Further the date of BL or House airway bill shall be considered to find out the delay with respect to contractual delivery date In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any So vendor shall inform the readiness of material for shipment on FOB (Free on Board) basis FCA (Free on Carrier) basis

2032 Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor without prejudice to its right under 2031 above in respect of goods delivered

21 RISK PURCHASE CLAUSE

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms amp conditions of the order BPCL also reserves the right to procure the same or similar materialsequipment through other sources at vendors entire risk cost and consequences Further the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement

22 FORCE MAJEURE Circumstances leading to force majeure (a) Act of terrorism

(b) Riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection of military or usurped power (c) Ionising radiation or contamination radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component

(d) epidemics earthquakes flood fire hurricanes typhoons or other physical natural disaster but excluding weather conditions regardless of severity and

(e) freight embargoes strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works are performed and which affect an essential portion of the Works but excluding any industrial dispute which is specific to the performance of the Works or the Contract For the avoidance of doubt inclement weather third party breach delay in supply of materials (other than due to a nationwide transportersrsquo strike) or commercial hardship shall not constitute a Force Majeure event bull Notification of Force Majeure Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

29 | P a g e

event of Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from or delaying the Affected Party in performing its obligations under the Contract bull Right of either party to terminate If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other Party bull Payment in case of termination due to Force Majeure The Contract Price attributable to the Works performed as at the date of the commencement of the relevant event of Force Majeure The Contractor has no entitlement and Owner has no liability for

a) Any costs losses expenses damages or the payment of any part of the Contract Price during an event of Force Majeure and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure Time extension for such cases will be worked out appropriately 23 ARBITRATION CLAUSE

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence validity construction interpretation application meaning scope operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below (a) The dispute or difference shall in any event be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties unless otherwise directed by the Sole Arbitrator For Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)Organization(s) ndash Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) The Existing provision regarding settlement of disputes through PMA(Permanent Machinery of Arbitration) mechanism is replaced with the following provision In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEsPort Trusts inter se and also between CPSEs and Government Departments Organizations (Excluding disputes concerning Railways Income Tax Customs amp Excise Departments) such dispute or difference shall be taken up by either party for its resolution through AMRCD as mentioned in DPEOM No4(1)2013-DPE(GM)FTS-1835 dated 22052018 (The exclusion would also include disputes concerning GST State level Sales Tax VAT

etc)

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

30 | P a g e

24 INTEGRITY PACT (IP) Vendors are requested to sign amp return our pre-signed IP document if applicable This document is essential amp binding Vendors failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation

25 RECOVERY OF SUMS DUE

Whenever any claim against vendor for payment of a sum of money arises out of or under the contract the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s) the vendor shall pay to BPCL on demand the balance remaining due

26 CONFIDENTIALITY OF TECHNICAL INFORMATION

Drawing specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL Imparting of any confidential information by the Vendor will be breach of contract

27 PATENTS amp ROYALTIES

The vendor shall fully indemnify BPCL and users of materials specified hereinsupplied at all times against any action claim or demand costs and expenses arising from or incurred by reasons of any infringement or alleged infringement of any patent registered design trademark or name copy right or any other protected rights in respect of any materials supplied or any arrangement system or method of using fixing or working used by the vendor In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter the vendor shall be notified thereof immediately and the vendor shall at hisits own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same andor litigation which may arise thereof

28 LIABILITY CLAUSE

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner vendor agrees to assume the responsibility for the proper conduct of such employeesrepresentatives while on said premises and to comply with all applicable Workmens Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards If this order requires vendor to furnish labor at site such vendors workmen or employees shall under no circumstances be deemed to be in owners employment and vendor shall hold himself responsible for any claim or claims which they or their heirs dependent or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered by the purchase order whether arising at owners premises or elsewhere and agrees to indemnify the owner against any such claims if made against the owner and all costs of proceedings suit or actions which owner may incur or sustain in respect of the same

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

31 | P a g e

29 LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total Contract Price except that this Clause shall not limit the liability of the Contractor for following (a) In the event of breach of any Applicable Law

(b) In the event of fraud willful misconduct or illegal or unlawful acts or gross negligence of the Contractor or any person acting on behalf of the Contractor or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of diligence which a conscientious Contractor would have followed in similar circumstances or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property or

(e) For any damage to any third party including death or injury of any third party caused by the Contractor or any person or firm acting on behalf of the Contractor in executing the Works

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage like loss of use loss of profit loss of production or business interruption which is connected with any claim arising under the Contract

30 COMPLIANCE OF REGULATIONS

Vendor warrants that all goodsMaterials covered by this order have been produced sold dispatched delivered and furnished in strict compliance with all applicable laws regulations labour agreement working condition and technical codes and statutory requirements as applicable from time to time The vendor shall ensure compliance with the above and shall indemnify owner against any actions damages costs and expenses of any failure to comply as aforesaid

31 REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by inspectors reveal that the equipment materials and workmanship do not comply with specification and requirements the same shall be removed by the vendor at hisits own expense and risk within the time allowed by the owner The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate In the event the vendor fails to remove the rejected goods within the period as aforesaid all expenses incurred by the owner for such disposal shall be to the account of the vendor The freight paid by the owner if any on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner The time taken for replacement in such event will not be added to the contractual delivery period

32 NON-WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein or by law or failure to properly notify Vendor in the event of breach or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

32 | P a g e

or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof Any waiver to be effective must be in writing Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL

33 NEW amp UNUSED MATERIAL

All the material supplied by the vendor shall be branded new unused and of recent manufacture

34 PURCHASE PREFERENCE CLAUSE

Owner reserves its right to allow Public Sector Enterprises (CentralState) purchase preference as admissible applicable from time to time under the existing Govt policy Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid Owner reserves its right to allow Micro and Small Enterprises (MSEs) MSEs owned by Women Entrepreneurs and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs purchase preference as admissibleapplicable from time to time under the existing Govt policy Purchase preference to a MSE a MSE owned by women entrepreneurs and a MSE owned by SCST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of evaluation of the price bid Bidders claiming purchase preference as MSE need to submit the following documents

Self-attested copy of all the pages of the EM-II certificateUdyog Adhar Memorandum issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and

Vendorrsquos declarationaffidavit in their organizationCompany letter head stating that in the event of award of contract all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

35 CANCELLATION 351 BPCL reserves the right to cancel the contractpurchase order or any part thereof through

a written notice to the vendor if 3511 The vendor fails to comply with the terms of this purchase ordercontract 3512 The vendor becomes bankrupt or goes into liquidation 3513 The vendor fails to deliver the goods on time andor replace the rejected goods promptly 3514 The vendor makes a general assignment for the benefit of creditors 3515 A receiver is appointed for any of the property owned by the vendor 352 Upon receipt of the said cancellation notice the vendor shall discontinue all work on the

purchase order matters connected with it BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendors agreed price if any from the vendor and also reserving to itself the right to forfeit the security deposit if any made by the vendor against the contract The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the BPCL In this-

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

33 | P a g e

event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price the vendor shall pay to BPCL fair compensation to be agreed upon between BPCL and the vendor The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 2031 as aforesaid

36 ANTI ndashCOMPETITIVE AGREEMENTSABUSE OF DOMINANT POSITION

The Competition Act 2002 as amended by the Competition (Amendment) Act 2007 (the Act) prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises The Act prohibits anti- competitive agreements abuse of dominant position by enterprises and regulates combinations (consisting of acquisition acquiring of control and MampA) wherever such agreements abuse or combination causes or is likely to cause appreciable adverse effect on competition in markets in India BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position If such a situation arises then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act

37 ASSIGNMENT

The Vendor can does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL

38 GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India 39 AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions 40 NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time

41 POLICY ON HOLIDAY LISTING

The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be applicable in the context of all tenders floated and consequently all orders contracts purchase orders It can be accessed using the following link httpbharatpetroleuminpdfholidaylistingpolicyfinalpdf

42 ORDER OF PRECEDENCE FOR PURCHASES 1 Purchase Order

2 Detailed letter of Acceptance along with its enclosures

3 Letter of Award Fax of Acceptance

4 Job Specifications (specific to particular job only)

5 Drawings

6 Special Purchase Conditions (SPC)

7 Technical Specifications

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

34 | P a g e

8 Instructions to Bidders

9 General Purchase Conditions (in GPC)

10 Other Documents

Additionally any variation or amendment change order issued after signing of formal contract shall take precedence over respective clauses of the formal contract and its Annexures

43 TERMINATION FOR CONVENIENCE

The purchaser may by written notice of 14 days sent to the seller cancel the contract in whole or part at any time for his convenience The notice of cancellation shall specify that cancellation is for the purchaserrsquos convenience the extent to which performance of work under the contract is cancelled and the date upon which such cancellation becomes effective

The goods that are complete and ready for shipment within 30 days after the sellerrsquos receipt of notice of cancellation shall be purchased by the purchaser at contract terms and prices For the remaining goods the purchaser may opt -

a To have any portion completed and delivered at the contract terms and prices

and or b To cancel the remainder and pay to the seller an agreed amount for partially

completed goods and materials and parts previously procured by the seller

BPCL _______________________ _______________________ _______________________ VENDOR _______________________ _______________________ _______________________ Please sign amp return all the pages of GPC as a token of your acceptance of all the terms amp conditions as mentioned

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

35 | P a g e

FORMAT FOR PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)

To Bharat Petroleum Corporation Limited --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Dear Sir In consideration of the Bharat Petroleum Corporation Limited (hereinafter called lsquothe Companyrsquo which expression shall include its successors and assigns) having awarded to Ms (Name) helliphelliphellip (Constitution)helliphelliphelliphellip (address) helliphelliphellip (hereinafter referred to as ldquoThe vendorrdquo which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia of the Companyrsquos Purchase order Nohelliphellip dated helliphelliphellip and the General and Special Purchase Conditions of the Company and upon the condition of vendorrsquos furnishing security for the performance of the vendorrsquos obligations andor discharge of the vendorrsquos liability under and or in connection with the said supply contract upto a sum of Rs (in figures)helliphelliphelliphellipRs (in words)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliponly amounting to 10 (ten percent) of the total contract value We (Name)helliphelliphelliphellip(constitution) helliphelliphelliphelliphellip(hereinafter called ldquothe Bankrdquo which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companyrsquos losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)helliphelliphelliphellipRs(in words)helliphelliphelliphelliphelliphelliphelliphelliphelliponly AND the Bank hereby agrees with the Company that (i) This Guaranteeundertaking shall be a continuing guarantee and shall remain valid and

irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

This date shall be 6 months from the last date of guarantee period

(ii) This Guarantee Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendorrsquos obligationliabilities under and or connection with the said supply contract and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendorrsquos obligations and or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

36 | P a g e

value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s) variation(s) reduction(s) increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank

(iv) This Guarantee Undertaking shall not be determined by the liquidation or winding up or

dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator officer Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company as the case may be and payable by the Guarantor to Company in terms hereof

Yours faithfully (Signature) NAME amp DESIGNATION NAME OF THE BANK NOTES

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

37 | P a g e

Special Purchase Conditions

SR COMMERCIAL TERMS VENDORS CONFIRMATION

1 Please note that Evaluation of offers and award will be on ldquoLine item wise lowest landed cost basisrdquo

2 SupplyWorks place Kindly mention your works supply place from where material will be supplied

3 Basic Price should be as per tender specifications and also the basic cost should be firm till the completion of contract Purchase Order No foreign exchange parity variation and no price escalation will be considered during the contractual period It may be noted that the rates quoted in the price bid will only be considered for evaluation No revision of prices is allowed in the price bid once the technical bid is opened Vendor to quote their prices considering all the technical and commercial aspects Please note that the cost of Commissioning spares (if applicable) and all other spares required for successful commissioning and handing over of the tendered item should be included in the basic cost of the tendered item List of commissioning spares is to be submitted separately along with technical documents

4 Basic information from Vendor Name of Vendor

5 PAN Number

6 Billing Address (Location from where materials shall be despatch)

7 GST Number

8 HSN Code

9 of GST as per HSN code applicable for Materials Supply

10 SAC Code for any services (If applicable)

11 of GST as per HSNSAC code applicable for supervision of erection and commissioning ( if applicable)

12 Any other information pertaining to GST implementation

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

38 | P a g e

13 INSPECTION i Materials shall be inspected as per scope of inspection by independent third party inspection agency (TPIA) The bidder hall engage a TPIA accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website as on the date of Inspection of GoodsInspection of premisesInstallation of equipment for the tendered item or category or verification of documents As a proof of above requirement a valid certificate stating that the TPI Agency is accredited under ldquoNABCB accredited bodies as per requirement of ISOIEC 17020 as Type Ardquo in QCIrsquos NABCB website should be furnished by the bidder However arranging and providing inspection facilities is entirely vendors responsibility and in no way shall affect the delivery schedule ii Scope of Inspection shall be as per tender Specifications iii Unless otherwise specified the inspection shall be carried out as per the relevant standardsscope of inspection provided alongwith the Tender EnquiryPurchase Order iv BPCL may at its own expense have its representative(s) witness any test or inspection In order to enable BPCLs representative(s) to witness the testsinspections BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections v Even if the inspection and tests are fully carried out the Vendor shall not be absolved from its responsibilities to ensure that the Material(s) raw materials components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages whether during manufacture and fabrication or at the time of Delivery as on arrival at site and after its erection or start up or consumption and during the defect liability period The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract The Vendors responsibility shall also not be anyway reduced or discharged because BPCL or BPCLs representative(s) or Inspector(s) shall have examined commented on the Vendors drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s) vi Although material approved by the Inspector(s) if on testing and inspection after receipt of the Material(s) at the location any Material(s) are found not to be in strict conformity with the contractual requirements or specifications BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract

14 Validity of offer Your quotation should be valid for 180 days from the due date of opening of tender and prices will remain firm till the supply is completed

15 Part Order BPCL reserve the right to split the tender quantity line item wise There is no guarantee of order quantity in the call off PO as the call off PO will be placed by locationsuser as per their requirement

16 Additional Levies BPCL shall not be liable for any increase in taxes and duties or any additional levies imposed by Govt on materials supply after the contractual delivery date

17 Payment Terms 100 payment on 30th day from the date of receipt of materials at site and on submission of 10 PBG

18 Delivery period Please quote best delivery schedule for supply of materials from the date of PO

19 Performance Security The bidder has an option to choose 1 10 Retention money of basic invoice value from each invoice or 2 Submission of Performance Bank guarantee (PBG) for 10 of the basic value of order

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

39 | P a g e

Retention moneyPBG shall be for a period of 12 months from the date of commissioning or 18 months from the date of dispatch of materials to site with an invocation period of 6 months as per standard tender format Submission of PBG or Retention money is mandatory Please mention any one of the option ie either PBG or Retention money in the space provided for vendor confirmation This option will be continued till the completion of execution of the contractorder The option cannot be changed during the execution of order

20 Warranty Guarantee Materials Equipment Component Software shall be guaranteed against manufacturing defects materials workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier

21 LD ClauseDelay delivery clause For any delay in delivery of equipment materials beyond the delivery date stipulated above the vendor shall be liable to pay compensation 05 per week or part thereof on the value of non-delivered portion of material subject to maximum of 5 of total order value

22 Force Majeure Details refer as per GPC

23 Arbitration Clause Details refer as per GPC

24 Holiday listing Vendor to give confirmationundertaking that they are not barred holiday listed by any Indian PSUAny Indian Government Department At a later date if it is found that the bidder has submitted false declaration the offer will be liable to be rejected and suitable action may be taken as per guidelines

25 INTEGRITY PACT - Vendor to accept Integrity pact as per attached form if applicable Integrity pact is applicable for order value more than Rs 10 crore

26 Counter condition No counter condition is acceptable Bidder should considered all the tender standard terms and conditions and submit their bids accordindly Counter condition may lead to rejection of offer

27 Contact Details Please provide the contact details for future correspondance Contact persons name Phone no Mobile no e-mail ID Office Address

28 For Detailed Terms and Conditions please refer GPC

29 In case of any Deviation kindly mentioned in the Deviation Sheet with Justifications Deviation mentioned in any other place other than deviation sheet will not be considered

30 Please confirm whether you are a MSME vendor with valid certificate for the tendered Item If YES please submit upload your valid MSME certificate in Other Documents Upload in the tender bidding form Also please mention the special category (SC-STWomen entrepreneur) if applicable along with necessary statutory document as a proof of the special category In case the bidder doesnt mention the special category against this clause with supporting documents at the time of bidding the purchase preference shall not be considered Please mention the name of the documents you have uploaded in support of this information

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

40 | P a g e

31

ANNUAL RATE CONTRACT This tender is to finalize the Annual Rate Contract for the subject tendered item the details of which are as under (01) Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract (02) No supplies are to be made against the Annual Rate Contract (ARC) document (03) Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by the various departments within BPCL BPCL may place the call-off or purchase orders till the last validity date of the ARC (04) The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments amp the vendors have to supply the same (05) The materials are required at various BPCL locations All Over India amp the vendors have to deliver the materials based on the call-offsPOs accordingly a single freight rate per valve has to be quoted in the price bid amp this rate will be applicable for delivery anywhere in India (06) The quantities against each item are only indicative approximate amp there is no assurance that BPCL will uplift any or all the items quantities for which the contract is placed (other than as mentioned in note above) BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract (07) The validity of the contract may be extended by a further period of up to six months on a mutual agreement basis (08) A repeat contract may also be placed on mutual agreement basis after expiry of the original contract Any repeat contract will be at the same terms and conditions and rates as the original contract and valid up to a further period of up to 12 months (09) In case the value of the contract gets exhausted within the one year validity period BPCL reserves the right to place a repeat order for a value of up to the original contract value (10) The value contracts shall be placed to the L-1 Bidders as per the tender In case of multiple L-1 Bidders BPCL reserves the right to reallocate the tender value amongst the L-1 Bidders as per the site requirement

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

41 | P a g e

BID QUALIFICATION CRITERIA 1 Manufacturing Capability - The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date In case the certificate expires at a later date of the successful bidders same to be renewed well in time for continuity of validity of licence for the entire contractual period No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender 2 Minimum quantity supplied in the past-Supply Capability The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided 3 Financial criteria - The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS Documents required Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender 4 Documents Verification All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

42 | P a g e

Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo 5 Declarations by the Bidder Bidder shall confirm to the below mentioned declarations in E-tender portal only aBidder is not under liquidation court receivership or similar proceeding bBidder is not serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with BPCLMOPNG or serving a banning order by another Oil PSE Note Bidders not furnishing above declaration in tender will not be considered for evaluation and ordering

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

43 | P a g e

FORMAT FOR UNDERTAKING

DECLARATION (To be submitted along with Un-priced bid)

We Ms __________________________ hereby declare the following

1 We are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring us from carrying any business dealings with the BPCLMOPNG or serving a banning order by another Oil PSE 2 We are not under Liquidation Court Receivership or similar proceedings

Stamp and Signature of Bidder Date PS Offers not accompanied with a declaration may lead to rejection Any wrong declaration in This context shall make the Agency liable for action under BPCL Holiday Listing procedure

CONTACT PARTICULARS NAME OF PERSON TEL NO OFFICE TEL NO MOBILE NO E-MAIL ID

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

44 | P a g e

Format for submitting TPIA verification Report (Duly stamped amp signed copy by TPI to be uploaded by vendor)

Note TPIA agency is required to issue TPI verification Report for Bid qualification criteria as per the below sample format in their letter head duly stamped amp signed Remarks by TPIA given below are only indicative for reference amp uniformity of all vendors NAME OF THE BIDDERhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SNo Particulars for Varification Documents to be verified by TPIA

Remarks by TPIA

1 Manufacturing Capability

Manufacturing Capability The bidder should be an established manufacturer of Double Block amp Bleed Valves (DBBV) confirming to API 6D and should have valid API 6D certificate as on tender due date No consortium bidding no trader and no Agent of Manufacturer is allowed to participate in the tender

Confirmed amp Documents submitted

Certificate verified and meeting the BQC Criteria as

per tender

Document Required Bidder to submit relevant API 6D License Certificate of authority to use the official API Monogram under API 6D valid as on due date of tender In case of expiry of the licensecertificate post due date of tender it is the responsibility of the successful bidder to keep the licensecertificate valid throughout the contractual period If such a licensecertificate is not renewed post award of contract the contract shall be terminated and appropriate action shall be taken considering the case as backing out from the contractual obligations

API Certificate Submitted and all documents are verified and duly signed amp stamped

2 Supplying Capability

The vendor should have supplied at least 33 nos of DBBVs of minimum 200 mm diameter or above during any continuous 12 months period in the last 7 years prior to the due date of tender

Confirmed amp Documents submitted

Mentioned Total quantity supplied and meeting the BQC criteria as per tender

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

45 | P a g e

Documents required Bidder to submit a copy of tax invoicesclients completion certificate along with copy of purchase orders of the respective sizes for supplies made during any continuous 12 monthsrsquo period in the last 7 years prior to the bid due date In case of supplies made to BPCL only Purchase Order no to be provided

Documents to be verified i) PO Copy tax invoice copy and TPIA IRN ii) Dates between which the 12 months period is being considered From_______ To___________ PO No amp Date Invoice No amp Date Inspection Release note amp date Quantity amp Customer name (Please make in excel format as per the Supply Quantity Format provided with this tender and upload the same)

Submitted and all documents are verified and duly signed amp stamped

3 Financial Capacity

The vendor should have achieved a minimum average Annual financial turnover of Rs215 lacs as per available Audited financial statements (Balance Sheet and Profit amp Loss account) during the last three consecutive accounting years prior to due date of tender The vendorrsquos net worth should be positive as per last available Audited financial statements (including Balance Sheet and Profit amp Loss account) The Net worth is defined as SHARE CAPITAL PLUS RESERVE amp SURPLUS

Documents submitted Verified and meeting the require BQC as per tender BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Documents required

Audited Balance Sheets amp Profit amp Loss account of the vendor for the last three consecutive accounting years (English language only) prior to due date of tender

Documents submitted BSamp PL Statement Turn Over for the financialaccounting year (Latest last 3 years financial doc) 2016-17 Rs 2017-18 Rs 2018-19 Rs Total average Rs BL sheet amp PL statement submitted for last available 3 consecutive years Net Worth Positive Rs

Submitted and documents are verified and duly signed amp stamped

4 Documents Verification-

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

46 | P a g e

All the bidding documents related to Technical qualification Criteria Financial Qualification Criteria mentioned above required from point 1 to 3 should be duly verified and certified by TPIA which is registered under ldquoNABCB accredited bodies as per requirement of ISOIEC17020 as Type Ardquo in QCI NABCB websitenabcbqciorginaccreditationreg_bod_inspection_bodiesphp as on date of verification of documents The verification and certification should necessarily include comment Verified from originals with name and contact details (contact number and e-mail ID) of the certifying officer TPIA name with the address of TPIA branch undertaking the certification Hard copies of the TPIA certificate and its supporting documents with original stamp are to be submitted by the L1 bidders within 7 days of opening of price bid All charges of the Third party for attestations and verification shall be borne by the Biddersrdquo Bidder has to upload the TPI verification certificate on TPIAs letter head duly signed amp stamped by Authorized signatory of TPIA in the BPCLBGRL format duly filled by the TPIA before the due date of submission of the bids An undertaking Note from TPI has to be uploaded stating that lsquoall the required documents have been verified physically from original and complied as per tender lsquoBid Qualification Criteriarsquo

TPIA Certificate Verified the TPIA Certificate

Documents required TPIA Certificate in the tender format along with verification sealsignature on all the verified documents submitted for compliance of Bid Qualification Criteria

TPIA Certificate Verified the TPIA Certificate

6 Undertaking By TPIA

Undertaking from TPIA All the required documents have been physically verified from original and noted in the report and also signed amp stamped on the copy of all the verified documents

lsquoAll the required documents have been verified physically and complied as per tender Bid Qualification Criteriarsquo

Seal Sign Name amp Contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected

47 | P a g e

SUPPLYING QUANTITY FORMAT COMPANY NAME DATE FORMAT FOR SUBMISSION OF MINIMUM QTY SUPPLIED AS PER BQC NOTE 1) ALL THE RESPECTIVE SUPPORTING DOCUMENTS SHOULD BE SUBMITTEDUPLOADED ALONG WITH THE ANNEXURE 2) The vendor shall have supplied the tendered item of value as detailed in BQC during any continuous 12 monthsrsquo period in the last 7 years prior to the due date of bid submission

SRNO

SUPPLY DATEY

EAR

INVOICE

NO

INVOICE

DATE

INVOICE VALUE SUPPLYI

NG VALUE

TENDERED ITEM

TYPES SIZES

CAPACITY SPECIFICAT

ION ETC

SUPP

LY QTY

CUSTOMER

NAME

CUSTOMERS

PURCHASE ORDER

NO

PURCHASE

ORDER DATE

Seal Sign Name and contact details of TPIA

Note If vendor is not submitting TPI verification report in the above format duly sign amp stamped by TPIA then submitted offer may liable to be rejected